martindale.com
Legal Library
|
Another Strike against National Bank Act Preemption by Carolyn Due
Saul Ewing LLP - Washington Office
Francis X. Riley
Saul Ewing LLP - Princeton Office
|
|
March 26, 2012
Previously published on March 2012
On March 13, 2012, the United States District Court for the Northern District of West Virginia affirmed the stricter analysis now required under the Dodd-Frank Act for determining whether a consumer claim brought against a bank is preempted by the National Bank Act (“NBA”). The district court did so when it reversed the orders of the United States Bankruptcy Court for the district dismissing three separate adversary proceedings against Capital One Bank (USA), N.A. (“Capital One”) as preempted under the NBA. Meluzio v. Capital One Bank (USA), N.A., 1:11cv58, 1:11cv59, 1:11cv33, 2012 WL 847324 (N.D.W. Va. 2012).
|
The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance. |
| | View More Library Documents By... | | | |
| | | | Saul Ewing LLP Overview |
Practice Area Resource Centers
|
|