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9th Cir. Refuses to Enforce Arb. Clause in Post-Concepcion/Post-Trial Scenario; Finds Partial Pre-emption of UCL Claim related to Bank Overdraft Charges

by Scott J. Hyman |

In Gutierrez v. Wells Fargo Bank, NA --- F.3d ----, 2012 WL 6684748 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit rejected a post-trial petition to enforce arbitration, and found partial pre-emption of the UCL to the extent it conflicted with the business of banking in how a bank applies and computes overdraft fees.  The Court of Appeals… Read More

4th Cir. Finds No NBA Pre-emption of State Law Car RISC Disclosure Obligations Related to Debt Cancellation Agreements

by Scott J. Hyman |

In Decohen v. Capital One, N.A. --- F.3d ----, 2012 WL 6685767 (4th Cir. 2012), the Fourth Circuit Court of Appeals found no NBA/OCC pre-emption of Maryland's debt cancellation agreement laws as related to an automobile RISC where the National Bank was an assignee as opposed to the original lender.   But, the Court of Appeals went farther, too, find no… Read More