Federal Trade Commission v. Travelers Health Ass'n’s Empirical Analysis
1960
Citation profile
48 federal appellate · 13 state decisions
How this case has been cited
Cited by 107 later decisions (5 by the Supreme Court) — most recently March 2019 · most notably American Insurance Association et al. v. Garamendi Insurance Commissioner State of California (2003), State Board of Insurance v. Todd Shipyards Corp. (1962)
48 federal appellate · 13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Appellate journey
reviewedTravelers Health Ass'n v. Federal Trade Commission (from Eighth Circuit Court of Appeals)
Relationships
Applies 15 U.S.C. § 1 (§ 1 of the Sherman Antitrust Act) · 15 U.S.C. § 1012 (§ 2 of the McCarran-Ferguson Act) · 15 U.S.C. § 1013 (§ 3 of the McCarran-Ferguson Act) · 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914)
Relies on United States v. South-Eastern Underwriters Ass'n · Travelers Health Ass'n v. Commonwealth of Virginia State Corporation Commission · Wilburn Boat Company v. Fireman's Fund Insurance Company · Allgeyer v. State of Louisiana · Tunstall v. Brotherhood of Locomotive Firemen & Enginemen
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 107 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“regulate activities carried on beyond its own borders”
9 later decisions quote this exact passage · from the majority““ * * * Rather, we are asked to hold that The McCarran-Ferguson Act operates to oust the Commission of jurisdiction by reason of a single State’s attempted regulation of its domiciliary’s extraterritorial activities. But we cannot believe that this kind of law of a single State takes from, the residents of every other State the protection of the Federal Trade Commission Act. In our opinion the state regulation which Congress provided should operate to displace this federal law means regulation by the State in which the deception is practiced and has its impact.” (Italics supplied.)”
4 later decisions quote this exact passage · from the majority“§ 1011. Declaration of policy 25 "Congress declares that the continued regulation and taxation by the several States of the business of insurance is in the public interest, and that silence on the part of the Congress shall not be construed to impose any barrier to the regulation or taxation of such business by the several States. 26 "§ 1012. Regulation by State law; Federal law relating specifically to insurance; applicability of certain Federal laws after June 30, 1948 27 "(a) The business of insurance, and every person engaged therein, shall be subject to the laws of the several States which relate to the regulation or taxation of such business. 28 "(b) No Act of Congress shall be construed to invalidate, impair, or supersede any law enacted by any State for the purpose of regulating the business of insurance, or which imposes a fee or tax upon such business, unless such Act specifically relates to the business of insurance: Provided, That after June 30, 1948, the Act of July 2, 1890, as amended, known as the Sherman Act, and the Act of October 15, 1914, as amended, known as the Clayton Act, and the Act of September 26, 1914, known as the Federal Trade Commission Act, as amended, shall be applicable to the business of insurance to the extent that such business is not regulated by State law.”
3 later decisions quote this exact passage · from the dissent
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.