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· 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 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.