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· 1/23/2008

Rose v. Chase Bank USA, N.A.

Citations

  • 513 F.3d 1032
  • 2008 U.S. App. LEXIS 1240
  • 2008 WL 185491

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that \no amount of discovery\ would change the court's pre-emption ruling, which was based on congressional intent
  • finding that federal law preempts disclosure obligations of California statute that required credit card issuers to include specific language with preprinted checks or drafts
  • affirming Rule 12 dismissal of California’s Unfair Competition Law claims based on NBA preemption
  • “[T]he usual presumption against federal preemption of state law is inapplicable to federal banking regulation.” (citations and internal quotation marks omitted)
  • “[N]o amount of discovery would change the central holding that Congress intended for the [federal banking statute] to preempt [this] state restriction[] on national banks . . . .”
  • 'Regardless of the nature of the state law claim alleged . . . , the proper inquiry is whether the 'legal duty that is the predicate of' Plaintiffs' state law claim falls within the preemptive power of the NBA or regulations promulgated thereunder.'

Source: CourtListener parenthetical corpus (CC0).

Judges: Kozinski, Rawlinson, Baer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.