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ARTICLE · 02 JULY 2009

Supreme Court Decision Alert - June 29, 2009

Mayer Brown
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In a 5-4 decision authored by Justice Scalia, the Supreme Court held today that the National Bank Act (“NBA”), 12 U.S.C. § 484(a), does not prohibit states from enforcing generally applicable state laws against national banks, but does prohibit states from issuing investigative subpoenas to such banks.

United StatesLitigation, Mediation & Arbitration
Andrew Tauber
Andrew Tauber
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Originally published June 29, 2009

Keywords: Cuomo, Clearing House Association, National Bank Act, NBA, home mortgage, fair-lending laws, lending practices, OCC, OCC regulation

Today the Supreme Court issued a decision, described below, of interest to the business community.

Cuomo v. Clearing House Association, L.L.C., No. 08-453 (previously discussed in the January 16, 2009 Docket Report)

In a 5-4 decision authored by Justice Scalia, the Supreme Court held today that the National Bank Act ("NBA"), 12 U.S.C. § 484(a), does not prohibit states from enforcing generally applicable state laws against national banks, but does prohibit states from issuing investigative subpoenas to such banks. 

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