§Why CasetextPricing

PARKS v. MBNA AMERICA BANK

Appellant’s Supplemental Reply Brief

19 Cited authorities

  1. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,432 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  2. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,604 times   4 Legal Analyses
    Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

  3. Anderson Nat. Bank v. Luckett

    321 U.S. 233 (1944)   Cited 313 times
    Holding that a state statute providing for transfer of abandoned bank deposits was not preempted because "national banks are subject to state laws, unless those laws infringe the national banking laws or impose an undue burden on them"

  4. Franklin Nat. Bank v. New York

    347 U.S. 373 (1954)   Cited 106 times
    Holding that federal statutes authorizing national banks to receive savings deposits preempted New York law barring non-state-chartered banks from using the word "savings" in advertising, since the law interfered with the banks' "right to let the public know about" a business in which federal law permitted them to engage

  5. Molosky v. Washington Mut. Inc.

    664 F.3d 109 (6th Cir. 2011)   Cited 36 times
    Holding that general authorization to service real estate loans included claims regarding fees for prepayment of mortgage loans

  6. Davis v. World Sav. Bank, FSB

    806 F. Supp. 2d 159 (D.D.C. 2011)   Cited 23 times
    Finding there can be no reasonable reliance when the claimed reliance is "flatly contradicted by the express terms of the [agreement]"

  7. Copeland-Turner v. Wells Fargo Bank, N.A.

    800 F. Supp. 2d 1132 (D. Or. 2011)   Cited 18 times
    Holding that HOLA preempts "'disclosure-document' foreclosure claims"

  8. Wells Fargo Bank, NA v. Baker

    204 Cal.App.4th 1063 (Cal. Ct. App. 2012)   Cited 10 times
    Holding that an Iowa statute requiring a foreign corporation to hold a certificate of authority to transact business in the state was preempted by the NBA, as the statute pertained to national banks, because it infringed on the powers provided to national banks by the NBA

  9. Cline v. Bank of America, N.A.

    823 F. Supp. 2d 387 (S.D.W. Va. 2011)   Cited 8 times
    Finding consumer protection statutes that are generally applicable to all debt collectors were not preempted by 12 C.F.R. § 7.4008

  10. American Bankers Association v. Lockyer

    239 F. Supp. 2d 1000 (E.D. Cal. 2002)   Cited 15 times
    Noting the absence of such a yardstick, commenting that the "threshold of preemption is in some cases remarkably low," but also indicating "other burdens are insufficient to warrant preemption"

  11. Section 24 - Corporate powers of associations

    12 U.S.C. § 24   Cited 662 times   43 Legal Analyses
    Authorizing banks "[t]o exercise . . . all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt . . . and by obtaining, issuing, and circulating notes"

  12. Section 5565 - Relief available

    12 U.S.C. § 5565   Cited 61 times   23 Legal Analyses
    Providing that "[a]ny person that violates, through any act or omission, any provision of Federal consumer financial law shall forfeit and pay a civil penalty pursuant to this subsection"

  13. Section 25b - State law preemption standards for national banks and subsidiaries clarified

    12 U.S.C. § 25b   Cited 56 times   24 Legal Analyses
    Establishing that state consumer financial laws are preempted if their "application ... would have a discriminatory effect on national banks, in comparison with the effect of the law on a bank chartered by that State"

  14. Section 1465 - State law preemption standards for Federal savings associations clarified

    12 U.S.C. § 1465   Cited 36 times

    (a) In general Any determination by a court or by the Director or any successor officer or agency regarding the relation of State law to a provision of this chapter or any regulation or order prescribed under this chapter shall be made in accordance with the laws and legal standards applicable to national banks regarding the preemption of State law. (b) Principles of conflict preemption applicable Notwithstanding the authorities granted under sections 1463 and 1464 of this title, this chapter does

  15. Section 5553 - Preservation of existing contracts

    12 U.S.C. § 5553   Cited 24 times

    This title,1 and regulations, orders, guidance, and interpretations prescribed, issued, or established by the Bureau, shall not be construed to alter or affect the applicability of any regulation, order, guidance, or interpretation prescribed, issued, and established by the Comptroller of the Currency or the Director of the Office of Thrift Supervision regarding the applicability of State law under Federal banking law to any contract entered into on or before July 21, 2010, by national banks, Federal

  16. Section 5551 - Relation to State law

    12 U.S.C. § 5551   Cited 4 times   3 Legal Analyses

    (a) In general (1) Rule of construction This title,1 other than sections 1044 through 1048,1 may not be construed as annulling, altering, or affecting, or exempting any person subject to the provisions of this title 1 from complying with, the statutes, regulations, orders, or interpretations in effect in any State, except to the extent that any such provision of law is inconsistent with the provisions of this title,1 and then only to the extent of the inconsistency. (2) Greater protection under State