31 Cited authorities

Morales v. Trans World Airlines, Inc.
504 U.S. 374 (1992) Cited 1,703 times 11 Legal Analyses
Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"
Pike v. Bruce Church, Inc.
397 U.S. 137 (1970) Cited 1,700 times 27 Legal Analyses
Holding that where a statute addresses "a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits"
Rowe v. New Hampshire Motor Transp. Ass'n
552 U.S. 364 (2008) Cited 391 times 8 Legal Analyses
Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA
Barnett Bank of Marion County, N.A. v. Nelson
517 U.S. 25 (1996) Cited 488 times 23 Legal Analyses
Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes
General Motors Corp. v. Tracy
519 U.S. 278 (1997) Cited 369 times 3 Legal Analyses
Holding that the "enterprises should not be considered ‘similarly situated’ for purposes of a claim of facial discrimination under the Commerce Clause"
Northwest, Inc. v. Ginsberg
572 U.S. 273 (2014) Cited 214 times 12 Legal Analyses
Holding "that the phrase 'other provision having the force and effect of law' includes common-law claims"
Union Labor Life Ins. Co. v. Pireno
458 U.S. 119 (1982) Cited 447 times 8 Legal Analyses
Holding that the use of a peer review committee to help set reasonable fees for chiropractic treatments did not constitute the business of insurance partly because the review committee was "not an integral part of the policy relationship between insurer and insured" and "involve[d] third parties wholly outside the insurance industry–namely, practicing chiropractors"
Group Life Health Ins. Co. v. Royal Drug Co.
440 U.S. 205 (1979) Cited 441 times 6 Legal Analyses
Holding that "contractual arrangements" between an insurance company and pharmacies did not constitute the business of insurance because they concerned a relationship with third parties and not the relationship "between insurer and insured"
Securities & Exchange Commission v. National Securities, Inc.
393 U.S. 453 (1969) Cited 598 times 5 Legal Analyses
Holding that, in a merger, shareholders are effectively purchasing shares in a new corporation while "losing their status as shareholders" in the previous corporation
City of Burbank v. Lockheed Air Terminal
411 U.S. 624 (1973) Cited 383 times 2 Legal Analyses
Holding that a local ordinance barring overnight takeoffs and landings is preempted by the Federal Aviation Act, one purpose of which is to ensure the "efficient utilization" of airspace
Section 1012 - Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948
15 U.S.C. § 1012 Cited 1,020 times 29 Legal Analyses
Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."
Section 41713 - Preemption of authority over prices, routes, and service
49 U.S.C. § 41713 Cited 820 times 32 Legal Analyses
Recognizing that the preemption provision does not limit a State from "carrying out its proprietary powers and rights"

Valley Med Flight, Inc. v. Dwelle et al

31 Cited authorities

Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"

Holding that where a statute addresses "a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits"

Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA

Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes

Holding that the "enterprises should not be considered ‘similarly situated’ for purposes of a claim of facial discrimination under the Commerce Clause"

Holding "that the phrase 'other provision having the force and effect of law' includes common-law claims"

Holding that "contractual arrangements" between an insurance company and pharmacies did not constitute the business of insurance because they concerned a relationship with third parties and not the relationship "between insurer and insured"

Holding that, in a merger, shareholders are effectively purchasing shares in a new corporation while "losing their status as shareholders" in the previous corporation

Holding that a local ordinance barring overnight takeoffs and landings is preempted by the Federal Aviation Act, one purpose of which is to ensure the "efficient utilization" of airspace

Establishing an exception to the reverse preemption rule where federal law "specifically relates to the business of insurance."

Recognizing that the preemption provision does not limit a State from "carrying out its proprietary powers and rights"