Case Update: Midland Funding v. Madden

​The U.S. Supreme Court on Monday issued an order inviting the Solicitor General to provide the views of the United States on whether the Court should grant Midland Funding's petition seeking review. As discussed in greater detail in our prior alerts ( here and here), Midland is seeking Supreme Court review of the Second Circuit's decision that the federal preemption provision of the National Bank Act, 12 U.S.C. § 85, cannot be invoked by a non-national bank assignee. The order asking the Solicitor General to file a brief signals that the issue has piqued the interest of at least some of the Justices. And as a procedural matter, of course, it pushes back the Court's decision on whether to hear the case, and any eventual decision should it ultimately decide to do so.