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High Court Upholds Right of State Prosecutors to Enforce State Fair Lending Laws Against National Banks



by Richard C. Smith
Fulbright & Jaworski L.L.P. - Washington Office

Glenn Jones
Fulbright & Jaworski L.L.P. - Washington Office

Kimberly Hope Levy
Fulbright & Jaworski L.L.P. - Washington Office

August 19, 2009

On June 29, 2009, a five-Justice majority of the Supreme Court, led by Justice Antonin Scalia, issued a ruling likely to have significant implications for the future of financial regulation. In Cuomo v. The Clearing House Association, L.L.C., No. 08-453, the Court vacated a lower court's injunction insofar as it prohibits the New York State Attorney General from enforcing state fair lending laws through judicial enforcement proceedings.


 

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