Cassens Transport Co. v. Brown

In this case, current and former employees of Cassens Transport Company alleged that Cassens and its private contractor deliberately and systematically made use of “cut-off doctors,” that is, physicians whom they knew would reliably provide fraudulent medical opinions, despite medical evidence to the contrary. Cassens contended that the plaintiffs’ RICO claims were “reverse preempted” under the McCarran-Ferguson Act, a federal law that leaves regulation of “the business of insurance” to the states. After losing in the Sixth Circuit, Cassens filed a cert petition with the U.S. Supreme Court. As part of our Supreme Court Assistance Project, Public Citizen prepared the opposition to the petition. The Supreme Court denied the petition.