§Why CasetextPricing

PARKS v. MBNA AMERICA BANK

Respondent's Supplemental Letter Brief

23 Cited authorities

  1. 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

  2. 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.”

  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. Williams v. Wells Fargo Bank N.A.

    CASE NO. 11-21233-CIV-ALTONAGA/Simonton (S.D. Fla. Oct. 14, 2011)   Cited 44 times
    Holding that claim could proceed where the plaintiffs alleged that the defendant "retroactively" purchased backdated force-placed policies under Florida law

  6. Rose v. Chase Bank USA, N.A.

    513 F.3d 1032 (9th Cir. 2008)   Cited 50 times   2 Legal Analyses
    Holding that claims based on certain disclosure violations were preempted by the NBA

  7. 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

  8. Sovereign Bank v. Sturgis

    863 F. Supp. 2d 75 (D. Mass. 2012)   Cited 33 times   1 Legal Analyses
    Finding that HOLA preempted Mass. Gen. Laws ch. 244, §§ 35A, 35B but did not necessarily preempt chapter 93A

  9. 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]"

  10. 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"

  11. 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

  12. 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"

  13. 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

  14. Section 17209 - Service of brief or petition on attorney general

    Cal. Bus. & Prof. Code § 17209   Cited 18 times
    Requiring service of appellate briefs or petitions in UCL matters on the Attorney General within three days of filing with the court

  15. Section 1748.9 - Extension of credit through use of preprinted check or draft

    Cal. Civ. Code § 1748.9   Cited 9 times   4 Legal Analyses
    Paragraphing omitted

  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

  17. 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”

  18. 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