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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
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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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