Any district court of the United States may issue an order enjoining a risk retention group from soliciting or selling insurance, or operating, in any State (or in all States) or in any territory or possession of the United States upon a finding of such court that such group is in hazardous financial condition. Such order shall be binding on such group, its officers, agents, and employees, and on any other person acting in active concert with any such officer, agent, or employee, if such other person has actual notice of such order.
Notes of Decisions
Nat'l Warranty Ins. v. Greenfield, 24 F. Supp. 2d 1096 (D. Or. 1998).
“Nothing in the LRRA suggests that Congress expressly intended to foreclose the § 1983 remedy. Nor has Congress impliedly foreclosed this remedy by providing a comprehensive remedial scheme within the LRRA itself.”
Dillon v. Combs, 895 F.2d 1175 (7th Cir. 1990).
“Another part of the Risk Retention Act, 15 U.S.C. § 3906 , added in 1986, does create a federal right of action.”
Nat'l Warranty Ins. v. Greenfield, 214 F.3d 1073 (9th Cir. 2000).
“15 U.S.C. § 3906 . A construction that reads § 3905(d) as referring to particular RRGs rather than to all RRGs does not render these provi *1079 sions superfluous.”
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