74 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,004 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,602 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. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 547 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision
  4. Cooper v. Aviall

    543 U.S. 157 (2004)   Cited 418 times   11 Legal Analyses
    Holding that the portion of § 113(f) cited above "rebuts any presumption that the express right of contribution provided by the enabling clause is the exclusive cause of action for contribution available to a [potentially responsible party]"
  5. Barnett Bank of Marion County, N.A. v. Nelson

    517 U.S. 25 (1996)   Cited 486 times   21 Legal Analyses
    Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes
  6. Smiley v. Citibank (South Dakota), N. A.

    517 U.S. 735 (1996)   Cited 481 times   9 Legal Analyses
    Holding that neither an agency's delay in promulgating a regulation nor the fact that "it was litigation which disclosed the need for the regulation" affects the court's deference to the agency's interpretation of an ambiguous statute as embodied in such regulations
  7. Watters v. Wachovia Bank, N.A.

    550 U.S. 1 (2007)   Cited 258 times   6 Legal Analyses
    Holding that a national bank's mortgage lending activities, “whether conducted by the bank itself or through the bank's operating subsidiary, ” is governed by federal law and regulations rather than “the licensing, reporting, and visitorial regimes of the several States in which the subsidiary operates.”
  8. Hines v. Davidowitz

    312 U.S. 52 (1941)   Cited 2,184 times   12 Legal Analyses
    Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements
  9. Nationsbank of N.C. v. Variable Annuity Life Ins. Co.

    513 U.S. 251 (1995)   Cited 291 times   2 Legal Analyses
    Holding that allowing customers to invest in annuities is an "incidental power" of banking
  10. Cuomo v. Clearing House Ass'n, L. L.C.

    557 U.S. 519 (2009)   Cited 157 times   9 Legal Analyses
    Holding that states cannot informally subpoena national banks through their "capacity as supervisor of corporations"
  11. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act
  12. Section 1464 - Federal savings associations

    12 U.S.C. § 1464   Cited 960 times   6 Legal Analyses
    Granting broad authority to Office of Thrift Supervision to issue regulations governing thrifts
  13. Section 24 - Corporate powers of associations

    12 U.S.C. § 24   Cited 661 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"
  14. Section 85 - Rate of interest on loans, discounts and purchases

    12 U.S.C. § 85   Cited 592 times   49 Legal Analyses
    In § 85, the term "interest" is not used in contradistinction to "penalty," and there is no reason why it cannot include interest charges imposed for that purpose.
  15. Section 21 - Formation of national banking associations; incorporators; articles of association

    12 U.S.C. § 21   Cited 496 times   4 Legal Analyses
    Governing formation of national banks and their entry into articles of association
  16. Section 1604 - Disclosure guidelines

    15 U.S.C. § 1604   Cited 475 times   4 Legal Analyses
    Empowering the Board to issue regulations not only necessary "to carry out the purposes of [the statute]," but also "necessary or proper . . . to prevent circumvention or evasion [of the statute], or to facilitate compliance therewith"
  17. Section 1 - Office of the Comptroller of the Currency

    12 U.S.C. § 1   Cited 223 times   7 Legal Analyses
    Prohibiting the Treasury Secretary from interfering with the Comptroller
  18. Section 1610 - Effect on other laws

    15 U.S.C. § 1610   Cited 153 times   2 Legal Analyses
    Allowing states to regulate consumer credit charges
  19. Section 92 - Acting as insurance agent or broker

    12 U.S.C. § 92   Cited 95 times
    Permitting national bank to act as insurance agent in certain circumstances when bank is "located and doing business in any place the population of which does not exceed five thousand inhabitants"
  20. Section 93a - Authority to prescribe rules and regulations

    12 U.S.C. § 93a   Cited 72 times   1 Legal Analyses
    Authorizing the OCC "to prescribe rules and regulations to carry out the responsibilities of the office"
  21. Section 226.1 - Authority, purpose, coverage, organization, enforcement, and liability

    12 C.F.R. § 226.1   Cited 825 times   5 Legal Analyses
    Recognizing that Regulation Z was issued by the Board of Governors to implement the TILA
  22. Section 34.4 - Applicability of state law

    12 C.F.R. § 34.4   Cited 130 times   2 Legal Analyses
    Identifying preempted state controls on mortgage lending, including licensing and registration
  23. Section 7.4008 - Lending by national banks

    12 C.F.R. § 7.4008   Cited 65 times   4 Legal Analyses
    Allowing banks to make non-real estate loans without regard to, inter alia, “disclosure and advertising”
  24. Section 7.4000 - Visitorial powers with respect to national banks

    12 C.F.R. § 7.4000   Cited 41 times   4 Legal Analyses
    Defining "visitorial" power as " [e]xamination of a bank; [inspection of a bank's books and records; [r]egulation and supervision of activities authorized or permitted pursuant to federal banking law; and [e]nforcing compliance with any applicable federal or state laws concerning those activities"
  25. Section 7.4007 - Deposit-taking by national banks

    12 C.F.R. § 7.4007   Cited 39 times   3 Legal Analyses

    (a)Authority of national banks. A national bank may receive deposits and engage in any activity incidental to receiving deposits, including issuing evidence of accounts, subject to such terms, conditions, and limitations prescribed by the Comptroller of the Currency and any other applicable Federal law. (b)Applicability of state law. A national bank may exercise its deposit-taking powers without regard to state law limitations concerning: (1) Abandoned and dormant accounts; (2) Checking accounts;

  26. Section 7.4006 - Reserved

    12 C.F.R. § 7.4006   Cited 27 times   5 Legal Analyses

    12 C.F.R. §7.4006

  27. Section 7.4009 - Reserved

    12 C.F.R. § 7.4009   Cited 18 times   1 Legal Analyses
    Declaring that national banks are subject to state laws "not inconsistent" with national banks' powers, "to the extent that [those laws] only incidentally affect the exercise of national bank powers."
  28. Rule 8.504 - Form and contents of petition, answer, and reply

    Cal. R. 8.504   Cited 21 times

    (a)In general Except as provided in this rule, a petition for review, answer, and reply must comply with the relevant provisions of rule 8.204. (Subd (a) amended effective January 1, 2007.) (b) Contents of a petition (1) The body of the petition must begin with a concise, nonargumentative statement of the issues presented for review, framing them in terms of the facts of the case but without unnecessary detail. (2) The petition must explain how the case presents a ground for review under rule 8.500(b)

  29. Rule 8.29 - Service on nonparty public officer or agency

    Cal. R. 8.29   Cited 6 times

    (a)Proof of service When a statute or this rule requires a party to serve any document on a nonparty public officer or agency, the party must file proof of such service with the document unless a statute permits service after the document is filed, in which case the proof of service must be filed immediately after the document is served on the public officer or agency. (Subd (a) relettered effective January 1, 2007; adopted as subd (b).) (b)Identification on cover When a statute or this rule requires