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AMERICAN INS. ASSN. v. GARAMENDI

No. 02-722.

539 U.S. 396 (2003)

AMERICAN INSURANCE ASSOCIATION ET AL. v. GARAMENDI, INSURANCE COMMISSIONER, STATE OF CALIFORNIA.

Supreme Court of United States.

Decided June 23, 2003.

Attorney(s) appearing for the Case

Kenneth S. Geller argued the cause for petitioners. With him on the briefs were John J. Sullivan, Stephen M. Shapiro, Neil M. Soltman, Peter Simshauser, William H. Webster, Linda Dakin-Grimm, and Sally Agel. Frederick W. Reif filed briefs for respondents Gerling Companies urging reversal. With him on the briefs were Dina G. Daskalakis, Keith D. Barrack, George L. O'Connell, and Timothy P. Grieve.

Deputy Solicitor General Kneedler argued the cause for the United States as amicus curiae urging reversal. With him on the briefs were Acting Solicitor General Clement, Assistant Attorney General McCallum, Barbara McDowell, Mark B. Stern, Douglas Hallward-Driemeier, and William H. Taft IV.

Frank Kaplan argued the cause for respondent. With him on the brief were Jesse J. Contreras, Larry G. Simon, Andrew W. Stroud, Michael D. Ramsey, and Leslie Tick.*

SOUTER, J., delivered the opinion of the Court, in which REHNQUIST, C. J., and O'CONNOR, KENNEDY, and BREYER, JJ., joined. GINSBURG, J., filed a dissenting opinion, in which STEVENS, SCALIA, and THOMAS, JJ., joined, p. 430.

JUSTICE SOUTER delivered the opinion of the Court.

California's Holocaust Victim Insurance Relief Act of 1999 (HVIRA or Act), Cal. Ins. Code Ann. §§ 13800-13807 (West Cum. Supp. 2003), requires any insurer doing business in that State to disclose information about all policies sold in Europe between 1920 and 1945 by the company itself or any one "related" to it. The issue here is whether HVIRA interferes with the National Government's conduct of foreign...

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