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Further setback for the CFPB director’s authority?

Morrison & Foerster LLP
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USA
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May 17 2013

A split panel of the U.S. Court of Appeals for the Third Circuit issued a decision yesterday holding that a "recess" appointment to the National

California is poised to enact foreclosure legislation

Morrison & Foerster LLP
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USA
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July 11 2012

As California goes, so goes the nation?

Laws include common law under FCRA

Morrison & Foerster LLP
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USA
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December 6 2011

The Seventh Circuit weighed in on the debate over the scope of FCRA preemption, siding with those courts refusing to distinguish between state common law and statutory claims

West Virginia goes way out there

Morrison & Foerster LLP
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USA
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December 6 2011

You would think two express provisions indicating Congress did not intend the Dodd Frank preemption provisions to apply retroactively would do the trick

Other courts find Congress means what it says

Morrison & Foerster LLP
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USA
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December 6 2011

Other district courts that have considered the issue have found the Dodd-Frank preemption provisions do not apply to cases brought before the statute’s July 21, 2011 effective date or to contracts entered into before that date

Discrimination visitation

Morrison & Foerster LLP
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USA
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September 2 2011

In what the court referred to as a “case of first impression,” a district court in Pennsylvania held a state agency’s investigation of a discrimination complaint filed with HUD based on a federal saving bank’s rejection of a loan application was not preempted by Office of Thrift Supervision regulations or an impermissible exercise of visitorial powers

Stick to your guns

Morrison & Foerster LLP
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USA
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September 2 2011

The OCC issued a final rule implementing several Dodd-Frank provisions, including revisions to its preemption and visitorial powers regulations

Not so fast

Morrison & Foerster LLP
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USA
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September 2 2011

Avid readers will recall that in our last issue we discussed the Eleventh Circuit’s decision in Baptista v. JP Morgan Chase Bank, N.A., 2011 U.S. App. LEXIS 9568 (11th Cir. May 11, 2011), holding a state par value statute and common law claim based on the same theory were preempted by the National Bank Act and OCC regulations

To defer or not to defer

Morrison & Foerster LLP
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USA
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June 2 2011

Preemption wonks beware: according to a district court in West Virginia, "the analysis in Fidelity Fed. Sav. & Loan Ass’n v. de la Cuesta, 458 U.S. 141 (1982), of the standard of review to be applied to preemptive agency regulations, id., is in direct conflict with the majority decision in Wyethv. Levine, 129 S. Ct. 1187 (2009).”

First out of the box

Morrison & Foerster LLP
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USA
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June 2 2011

The Eleventh Circuit has joined the Fifth Circuit and several district courts in holding a state par value statute was preempted to the extent that it prohibited national banks from charging check-cashing fees

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