· 5/11/2011
Vida Baptista vs JPMorgan Chase Bank, N.A.
Citations
- 640 F.3d 1194
- 2011 WL 1772657
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing “the proper preemption test asks whether there is a significant conflict between the state and federal statutes—that is, the test for conflict preemption”
- recognizing “the proper preemption test asks whether there is a significant conflict between the state and federal statutes—that is, the test for conflict preemption”
- affirming dismissal under Rule 12(b)(6), holding that enforcement of state statute would conflict with national bank’s authority to charge fees
- preemption where the “state’s prohibition on charging fees to non-account- holders . . . substantial[ly] conflict[ed] with federal authorization to charge such fees”
- “’When a defendant has given consideration to someone for the benefit conferred, a claim of unjust enrichment fails’”
- “Baptista cannot show that [the bank] failed to give consideration for [the fee],” for “[t]he fee was only levied because [the bank] conferred an additional benefit on Baptista.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dubina, Hill, Goldberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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