PSD Prevails on Federal Preemption Defense

PSD partners Barry Pollack and Peter Duffy prevailed on a preemption defense in the United States District Court for the Southern District of West Virginia where a Federal Judge decided that state law breach of contract and tort claims against a risk retention group are preempted under the Federal Liability Risk Retention Act, 15 U.S.C. ยง 3901 et seq., to the extent that they are based on state insurance laws and regulations.