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. § 3901 et seq., to the extent that they are based on state insurance laws and regulations.