This Year's Key Banking-Related Supreme Court Cases

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This week, ABA’s legal team provides a preview of key cases in the Supreme Court’s 2018-19 term and their significance for banks. Among these cases:

  • Lusnak v. Bank of America, a case involving whether state law can preempt the National Bank Act.
  • Weyerhaeuser v. U.S. Fish and Wildlife Service, which along with Lusnak may test the limits of “Chevron deference” — the deference that U.S. courts give to regulatory agencies in interpreting their own regulations.
  • Lorenzo v. SEC, a case over whether an employee is liable for false statements made unknowingly on behalf of an employer.
  • Obduskey v. McCarthy & Holthus LLP, which will determine whether the Fair Debt Collection Practices Act applies to nonjudicial mortgage foreclosures.
  • Multiple cases involving chickens, ducks and the interstate commerce clause. “It gives us a sense of how the court views federal preemption, and preemption is important in banking law,” says ABA General Counsel Dawn Causey. “When you get a patchwork of different state laws, it can become very difficult to comply.”

Read the team’s ABA Banking Journal preview of the Supreme Court term here.

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