Legal Opinion
United States Department of Treasury v. Fabe
Supreme Court of the United States
Decided June 11, 1993No. 91-1513PublishedCited by 415 opinions
1Opinion of the CourtJustice Blackmun
The federal priority statute, 31U. S. C. § 3713, accords first priority to the United States with respect to a bankrupt debtor’s obligations. An Ohio statute confers only fifth priority upon claims of the United States in proceedings to liquidate an insolvent insurance company. Ohio Rev. Code Arm. §3903.42 (1989). The federal priority statute preempts the inconsistent Ohio law unless the latter is exempt from pre-emption under the McCarran-Ferguson Act, 59 Stat. 33, as amended, 15 U. S. C. § 1011 et seq. In order to resolve this ease, we must decide whether a state statute establishing the…
2Cases cited20 opinions
- United States v. MenascheSupreme Court of the United States · 1955
- Paul v. VirginiaSupreme Court of the United States · 1869
- United States v. South-Eastern Underwriters Assn.Supreme Court of the United States · 1944
- Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
- Moskal v. United StatesSupreme Court of the United States · 1990
15 more not listed; retrieve them via the Exa API.
3Cited by415 opinions
- In Re Insurance Brokerage Antitrust LitigationCourt of Appeals for the Third Circuit · 2010
- American Chiropractic Ass'n v. Trigon Healthcare, Inc.Court of Appeals for the Fourth Circuit · 2004
- Barnett Bank of Marion County, N. A. v. NelsonSupreme Court of the United States · 1996
- Riverview Health Institute LLC v. Medical Mutual of OhioCourt of Appeals for the Sixth Circuit · 2010
- Soares v. Brockton Credit UnionCourt of Appeals for the First Circuit · 1997
410 more not listed; retrieve them via the Exa API.