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FREDERICKSBURG CARE COMPANY, L.P. v. PEREZ

No. 13-0573.

461 S.W.3d 513 (2015)

The FREDERICKSBURG CARE COMPANY, L.P., Petitioner, v. Juanita PEREZ, Virginia Garcia, Paul Zapata, and Sylvia Sanchez, Individually and as All Heirs of Elisa Zapata, Deceased, Respondents.

Supreme Court of Texas.

OPINION DELIVERED: March 6, 2015.

Rehearing Denied June 26, 2015.

Attorney(s) appearing for the Case

David Harris , Roy R. Barrera III , Shawn Christopher Golden , Golden & Barrera, P.C., San Antonio, for Petitioner The Fredericksburg Care Company, L.P.

Gavin McInnis , Marynell Maloney , Marynell Maloney Law Firm, PLLC, San Antonio, for Respondents Juanita Perez, Virginia Garcia, Paul Zapata, and Sylvia Sanchez, Individually and as All Heirs of Elisa Zapata, Deceased.

Gavin Joe Gadberry , Underwood Law Firm, P.C., Amarillo, for Amicus Curiae American Health Care Association and Texas Health Care Association.

Michael G. Guajardo , Guajardo & Marks, LLP, Dallas, Peter M. Kelly , Kelly, Durham & Pittard, L.L.P., Houston, for Amicus Curiae The Texas Trial Lawyers Association (TTLA).

This case involves a federal statutory exception to the general rule that federal law preempts state law. One of the federal laws at issue, the McCarran-Ferguson Act (MFA), 15 U.S.C. §§ 1011-1015, provides an exemption from preemption that applies to state statutes enacted for the purpose...

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