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National Bank Act Does Not Preempt State Judicial Enforcement Actions |
July 23, 2009
Previously published on June 2009
On the last day of the 2008-2009 term, the United States Supreme Court issued an important decision addressing the National Bank Act and issues of federal preemption. In a 5-4 decision, the Court held in Cuomo v. Clearing House Assoc., LLC that states can enforce nonpreempted state consumer protection laws against national banks in court.
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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. |
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