"High Court Could Settle Preemption Questions For Banks"

September 6, 2018

Jesse Tyner Moore, Austin-based senior attorney in Dykema’s Government Policy & Practice Group authored a post for the Firm’s NextGen Financial Services Blog which was republished as the Law360 Expert Analysis column, “High Court Could Settle Preemption Questions For Banks.”

Drawing on the possibility that the U.S. Supreme Court might accept the Bank of America’s petition for a review of the 9th circuit opinion in Lusnak v. BofA, Moore compares current OCC financial institution regulations with state banking laws, and summarizes past court interpretations of the principle that federally-chartered banks are exempt from state banking rules affecting escrow and interest payments.

Subscribers to Law360 may find this version of Moore’s article here.