22 Cited authorities

  1. Barnett Bank of Marion County, N.A. v. Nelson

    517 U.S. 25 (1996)   Cited 461 times   18 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. Anderson Nat. Bank v. Luckett

    321 U.S. 233 (1944)   Cited 301 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"
  3. Franklin Nat. Bank v. New York

    347 U.S. 373 (1954)   Cited 104 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
  4. Williams v. Wells Fargo Bank N.A.

    CASE NO. 11-21233-CIV-ALTONAGA/Simonton (S.D. Fla. Oct. 14, 2011)   Cited 45 times
    Holding that claim could proceed where the plaintiffs alleged that the defendant "retroactively" purchased backdated force-placed policies under Florida law
  5. Rose v. Chase Bank USA, N.A.

    513 F.3d 1032 (9th Cir. 2008)   Cited 46 times   2 Legal Analyses
    Holding that claims based on certain disclosure violations were preempted by the NBA
  6. 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
  7. Molosky v. Washington Mut. Inc.

    664 F.3d 109 (6th Cir. 2011)   Cited 33 times
    Holding that general authorization to service real estate loans included claims regarding fees for prepayment of mortgage loans
  8. 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]"
  9. 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"
  10. Wells Fargo Bank v. Baker

    204 Cal.App.4th 1063 (Cal. Ct. App. 2012)   Cited 8 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
  11. Section 21 - Formation of national banking associations; incorporators; articles of association

    12 U.S.C. § 21   Cited 484 times   3 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 45 times   5 Legal Analyses
    Codifying Barnett Bank
  13. Section 5553 - Preservation of existing contracts

    12 U.S.C. § 5553   Cited 21 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 1748.9

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

    (a) A credit card issuer that extends credit to a cardholder through the use of a preprinted check or draft shall disclose on the front of an attachment that is affixed by perforation or other means to the preprinted check or draft, in clear and conspicuous language, all of the following information: (1) That "use of the attached check or draft will constitute a charge against your credit account." (2) The annual percentage rate and the calculation of finance charges, as required by Section 226.16

  15. Section 17209

    Cal. Bus. and Prof'l. Code § 17209   Cited 7 times
    Requiring them to serve a copy of their brief on the Attorney General of California and the District Attorney of Los Angeles County
  16. Section 5551 - Relation to State law

    12 U.S.C. § 5551   Cited 2 times   1 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. § 7.4008 Lending by national banks

    12 C.F.R. § 7.4008   Cited 57 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