Legal Opinion
David M. Barry, M.D. v. St. Paul Fire & Marine Insurance Company
Court of Appeals for the First Circuit
Decided May 16, 1977No. 76-1226PublishedCited by 47 opinions
1Opinion of the Court
COFFIN, Chief Judge.
The primary issue presented by this appeal is whether a “consumer” of insurance can sue an insurance company for violating the antitrust laws. Under the McCarran-Ferguson Act, 15 U.S.C. §§ 1011-15, “the business of insurance” is exempted from antitrust regulation to the extent that it is regulated by the states. Id. § 1012(b). But McCarran-Ferguson does not confer a blanket immunity: insurers are subject to the Sherman Act if they engage in “act[s] of boycott, coercion, or intimidation” or if they agree to engage in such acts. Id. § 1013(b). We must decide whether this…
2Cases cited36 opinions
- O'Shea v. LittletonSupreme Court of the United States · 1974
- Burford v. Sun Oil Co.Supreme Court of the United States · 1943
- Parker v. BrownSupreme Court of the United States · 1943
- Standard Oil Company of New Jersey, Appts. v. United StatesSupreme Court of the United States · 1910
- Goldfarb v. Virginia State BarSupreme Court of the United States · 1975
31 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- St. Paul Fire & Marine Insurance v. BarrySupreme Court of the United States · 1978
- United States of America Ex Rel. Joel D. Joseph, and Joel D. Joseph v. Howard W. CannonCourt of Appeals for the D.C. Circuit · 1981
- United States v. Shaun K. O'NeilCourt of Appeals for the First Circuit · 1993
- Plumbers' Union Local No. 12 Pension Fund v. Nomura Asset Acceptance Corp.Court of Appeals for the First Circuit · 2011
- Bartholomew v. Virginia Chiropractors Ass'nCourt of Appeals for the Fourth Circuit · 1979
42 more not listed; retrieve them via the Exa API.