Case: Mackey v. Nationwide Ins. Co

3:82-cv-00047 | U.S. District Court for the Western District of North Carolina

Filed Date: Feb. 1, 1982

Closed Date: Jan. 6, 1984

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Case Summary

Plaintiff, a terminated insurance company employee, filed suit in the U.S. District Court for the Western District of North Carolina, alleging that his termination was the result of redlining prohibited by the Sherman Act, 15 U.S.C. 1; federal civil rights statutes, 42 U.S.C. 1981, 1982; the Fair Housing Act, 42 U.S.C. 3601-3619; and the North Carolina Unfair Trade Practices Act, N.C.G.S. 75-1. U.S. District Court Judge Robert D. Potter granted the Defendant-insurance company's motion to dismis…

Plaintiff, a terminated insurance company employee, filed suit in the U.S. District Court for the Western District of North Carolina, alleging that his termination was the result of redlining prohibited by the Sherman Act, 15 U.S.C. 1; federal civil rights statutes, 42 U.S.C. 1981, 1982; the Fair Housing Act, 42 U.S.C. 3601-3619; and the North Carolina Unfair Trade Practices Act, N.C.G.S. 75-1. U.S. District Court Judge Robert D. Potter granted the Defendant-insurance company's motion to dismiss, finding that the McCarran-Ferguson Act, 15 U.S.C. 1011, immunized the Defendant from suit for allegations of redlining.

On January 6, 1984, the Fourth Circuit affirmed the dismissal, but on different grounds. The appellate court found that the McCarran-Ferguson Act did immunize the Defendant from suit under antitrust laws, but that the Plaintiff lacked standing to bring a claim under the remaining statutes because he was merely a terminated employee rather than a rejected home applicant or borrower. Mackey v. Nationwide Ins. Cos., 724 F.2d 419 (4th Cir. 1984).

Summary Authors

Andrew Nash (6/2/2008)

People


Judge(s)

Ervin, Samuel James III (North Carolina)

Haynsworth, Clement Furman Jr. (South Carolina)

Widener, Hiram Emory Jr. (Virginia)

Attorney for Plaintiff

Nockleby, John T. (North Carolina)

Attorney for Defendant

Goldman, Jeffrey S. (Illinois)

Judge(s)

Ervin, Samuel James III (North Carolina)

Haynsworth, Clement Furman Jr. (South Carolina)

Widener, Hiram Emory Jr. (Virginia)

Attorney for Plaintiff
Attorney for Defendant

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Documents in the Clearinghouse

Document

82-01912

[Opinion]

Mackey v. Nationwide Insurance Companies

U.S. Court of Appeals for the Fourth Circuit

Jan. 6, 1984

Jan. 6, 1984

Order/Opinion

724 F.2d 724

Resources

Docket

Last updated March 27, 2024, 3:17 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: North Carolina

Case Type(s):

Fair Housing/Lending/Insurance

Key Dates

Filing Date: Feb. 1, 1982

Closing Date: Jan. 6, 1984

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff, a former employee of the defendant, an insurance company, brought suit against the defendant after his employment was terminated. He alleged that the defendant's practice of redlining violated federal statutes and caused him economic harm.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Nationwide Insurance Companies, Private Entity/Person

Case Details

Causes of Action:

42 U.S.C. § 1981

State law

42 U.S.C. § 1982

Available Documents:

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Unknown

Form of Settlement:

Confession of Judgment