Legal Opinion
C.E.R. 1988, Inc. v. The Aetna Casualty and Surety Company
Court of Appeals for the Third Circuit
Decided October 12, 2004No. 03-2833PublishedCited by 59 opinions
1Opinion of the Court
AMBRO, Circuit Judge.
We address in this appeal whether the National Flood Insurance Program (the “Program”) is sufficiently comprehensive to preempt a state tort suit arising from conduct related to the Program’s administration. We conclude that the overarching purpose of the Program-to provide affordable flood insurance in high-risk areas in order to reduce pressures on the federal fisc-would be compromised by state court interference. Thus the plaintiffs state law tort claims are preempted.
Factual and Procedural History
The Program is administered by the Federal Emergency Management Agency…
2Cases cited23 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Medtronic, Inc. v. LohrSupreme Court of the United States · 1996
- Morales v. Trans World Airlines, Inc.Supreme Court of the United States · 1992
- Maryland v. LouisianaSupreme Court of the United States · 1981
- Geier v. American Honda Motor Co.Supreme Court of the United States · 2000
18 more not listed; retrieve them via the Exa API.
3Cited by59 opinions
- Umland v. PLANCO Financial Services, Inc.Court of Appeals for the Third Circuit · 2008
- Ford Motor Co. v. CrossDistrict Court, E.D. Michigan · 2006
- Paul Palmieri, Plaintiff-Appellant-Cross-Appellee v. Allstate Insurance Company, Defendant-Appellee-Cross-AppellantCourt of Appeals for the Second Circuit · 2006
- Wright v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2005
- Campo v. Allstate InsuranceCourt of Appeals for the Fifth Circuit · 2009
54 more not listed; retrieve them via the Exa API.