It was held in an insurance case earlier this year that RICO was "reverse preempted" by the McCarran-Ferguson Act. This decision meant that the insurance issues could not be litigated in that action because they were matters relegated to the States to address with regard to insurance.
The decision was immediately appealed. It is still on appeal as of this writing. Ogles v. Security Benefit Life Ins. Co., 401 F. Supp. 3d 1210 (D. Kansas July 12, 2019), appeal docketed, No. 19-3154 (10th Cir. July 29, 2019).
Stay tuned.
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