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Supreme Court Grants Certiorari in Cuomo v. The Clearinghouse Association

01/16/2009

In 2005,  United States District Court enjoined the New York Attorney General from investigating potential violations of state fair lending laws based on a regulation of the Office of the Comptroller of the Currency that expansively interpreted Section 484 of the National Bank Act to preempt essentially any local regulation of national banks.  In 2007, a divided panel of the Second Circuit affirmed, giving deference to the regulation. The New York Attorney General then sought certiorari.  On January 16, 2009, the Supreme Court granted the petition for certiorari, with petitioner's brief due by February 25, 2009 and respondents' briefs due by March 25, 2009.

Excerpts of Petition for Certioriari

Brief excerpts from the State Attorney General's petition.