Ninth Circuit -- ALLIANCE OF NONPROFITS FOR INS V. BRETT BARRATT

As state statute barring "first dollar" insurance policies issuance by entities not licensed to do business in the state does not state a policy justification for barring out-of-state entities, it is preempted by federal risk-retention organization statute.

To get fees under S1983 for a preemption claim, the entity itself must have the specific right to be free of state regulation -- zone of interests conferred by statute isn't enough.

ALLIANCE OF NONPROFITS FOR INS V. BRETT BARRATT