In an expert analysis published in Law360, Partner Franca Harris Gutierrez, Senior Counsel Julie Williams and Associate Andrew Lindsay dive into what’s next for national bank preemption following SCOTUS’ decision in Cantero v. Bank of America and the US Court of Appeals for the Ninth Circuit decision in Kivett v. Flagstar Bank FSB.
Excerpt: “The Supreme Court in Cantero now directs lower courts to refer to Barnett, Franklin, Fidelity, First National Bank of San Jose and the other precedents cited in Barnett and to compare the interference caused by a given law to that of state laws in these cases — and conduct a practical assessment of the nature and degree of the interference based on the text and structure of the state law, precedent and common sense.”
