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FindLaw: Practice Areas: Banking Law: Supreme Court Cases
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Banking Law: Supreme Court Cases
- BENEFICIAL NAT'L BANK v. ANDERSON 539 U. S. 1 (2003) (An action filed in state court, to recover damages from a national bank for allegedly charging excessive interest in violation of both the "common law usury doctrine" and an Alabama usury statute, arose only under federal law and could therefore be removed under 28 U.S.C. section 1441.)
- BROWN v. LEGAL FOUND. OF WASHINGTON 538 U. S. 216 (2003) (Brief highway checkpoint stops, when appropriately tailored by police seeking information about a crime of considerable public concern that was in all likelihood committed by others, do not violate the Fourth Amendment rights of motorists.)
- CITIZENS BANK v. ALAFABCO, INC. 539 U. S. 52 (2003) (Congress acted within its authority and did not transgress constitutional limitations in enlarging the duration of copyrights under the Copyright Term Extension Act, placing existing and future copyrights in parity.)
- Credit Suisse Sec. (USA) LLC v. Billing ___ U. S. ___ (2007) (In a suit brought by a group of investors alleging that petitioners-investment banks, acting as underwriting firms, violated antitrust laws when they formed syndicates to help execute initial public offerings (IPOs) for hundreds of technology-related companies, a court of appeals' decision reversing dismissal of the complaints is reversed as federal securities law implicitly precludes the application of the antitrust laws to the conduct alleged in the case.)
- DIRECTOR OF REVENUE OF MISSOURI v. COBANK, ACB 531 U. S. 316 (2001) (While 21 USC 2134 does not contain an express statements that banks for cooperatives are subject to state taxation, nothing in the statute indicates a repeal of the previous express approval of state taxation, and the structure of the Farm Credit Act indicates by negative implication that banks for cooperatives are not entitled to immunity.)
- EC Term of Years Trust v. US ___ U. S. ___ (2007) (In a refund action brought by a trust under 28 U.S.C. section 1346(a)(1), arising from allegedly wrongful levies by the IRS on a bank account in which the trust had deposited funds, dismissal of the action is affirmed where the trust: 1) missed 26 U.S.C. section 7426(a)(1)'s deadline for challenging a levy; and 2) may not bring the challenge as a tax refund claim under section 1346(a)(1).)
- FRANCONIA ASSOC. v. US 536 U. S. 129 (2002) (Because enactment of the Emergency Low Income Housing Preservation Act qualified as a repudiation of a housing loan, not a present breach of the loan agreements, the six-year statute of limitations began to run when mortgagees tendered prepayment, and the government dishonored its obligation to accept the tender and release control over use of property securing the loan.)
- GREEN TREE FIN. CORP. v. BAZZLE 539 U. S. 444 (2003) (Grant of a new trial pursuant to a review for sufficiency of the evidence in an antitrust case is vacated where defendant failed to renew its preverdict motion for a directed verdict as specified in Federal Rule of Civil Procedure 50(b)).
- HOUSEHOLD CREDIT SERVS., INC. v. PFENNIG 541 U. S. 232 (2004) (Regulation Z, which interprets the Truth in Lending Act's definition of "finance charge" to exclude charges for exceeding a credit limit, is not an unreasonable interpretation of 15 U.S.C. section 1605.)
- KOONS BUICK PONTIAC GMC, INC. v. NIGH 543 U. S. 50 (2004) (A 1995 amendment to the Truth in Lending Act (TILA), which raises the minimum and maximum recoveries for violations of TILA prescriptions governing closed-end loans secured by real property, does not alter the minimum and maximum recovery amounts for violations involving personal-property loans.)
- Lockhart v. US 546 U. S. 142 (2005) (The United States may offset Social Security benefits to collect a student loan debt that has been outstanding for over 10 years.)
- Safeco Ins. Co. of Am. v. Burr ___ U. S. ___ (2007) (In the context of the Fair Credit Reporting Act (FCRA), which requires notice to any consumer subjected to "adverse action...based in whole or in part on any information contained in a consumer [credit] report" and imposes civil liability on one who "willfully fails" to provide such notice, willful failure covers a violation committed in reckless disregard of the notice obligation.)
- Wachovia Bank, Nat'l Ass'n v. Schmidt 546 U. S. 303 (2006) (For purposes of federal-court diversity jurisdiction under 28 U.S.C. section 1348, a national bank is a citizen of the state in which its main office, as set forth in its articles of association, is located.)
- Watters v. Wachovia Bank, N.A. ___ U. S. ___ (2007) (A national bank's mortgage business, whether conducted by the bank itself or through the bank's operating subsidiary, is subject to Office of the Comptroller of the Currency's (OCC) superintendence, and not to the licensing, reporting, and visitorial regimes of the several states in which the subsidiary operates.)
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