Legal Opinion

Dale Ludwick v. Harbinger Group, Inc.

Court of Appeals for the Eighth Circuit

Decided April 13, 2017No. 16-1561PublishedCited by 6 opinions

1Opinion of the Court

RILEY, Chief Judge.

The question in this case is whether letting Dale Ludwick pursue her federal racketeering claims against an insurance company and its affiliates would impair state regulation of the insurance business in Iowa, Maryland, or Missouri. We agree with the district court 2 that it would, and the McCarran-Ferguson Act forbids that result. See 15 U.S.C. § 1012(b). We affirm the dismissal of Ludwiek’s claims.

I. BACKGROUND

The essence of Ludwick’s case is that Fidelity & Guaranty Insurance Company (F&G) — directed by the hedge fund that owns it, Harbinger Group, Inc., and abetted by…

2Cases cited10 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Securities & Exchange Commission v. National Securities, Inc.Supreme Court of the United States · 1969
  4. Humana Inc. v. ForsythSupreme Court of the United States · 1999
  5. John Doe and Richard Smith v. Mutual of Omaha Insurance CompanyCourt of Appeals for the Seventh Circuit · 1999

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3Cited by6 opinions

  1. Guardian Flight LLC v. Jon GodfreadCourt of Appeals for the Eighth Circuit · 2021
  2. Clinton v. Security Benefit Life Insurance CompanyDistrict Court, D. Kansas · 2021
  3. Flores v. United AirlinesDistrict Court, N.D. Illinois · 2019
  4. Ogles v. Security Benefit Life Insurance CompanyDistrict Court, D. Kansas · 2019
  5. Securities and Exchange Commission v. Cutter Financial Group, LLCDistrict Court, D. Massachusetts · 2023

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