Podcast: Key Banking-Related Supreme Court Cases

This week, ABA’s legal team provides a preview of key cases in the Supreme Court’s 2018-19 term and their significance for banks. Among these cases:

• Lusnak v. Bank of America, a case involving whether state law can preempt the National Bank Act.
• Weyerhaeuser v. U.S. Fish and Wildlife Service, which along with Lusnak may test the limits of “Chevron deference” — the deference that U.S. courts give to regulatory agencies in interpreting their own regulations.
• Lorenzo v. SEC, a case over whether an employee is liable for false statements made unknowingly on behalf of an employer.
• Obduskey v. McCarthy & Holthus LLP, which will determine whether the Fair Debt Collection Practices Act applies to nonjudicial mortgage foreclosures.
• Multiple cases involving chickens, ducks and the interstate commerce clause. “It gives us a sense of how the court views federal preemption, and preemption is important in banking law,” says ABA General Counsel Dawn Causey. “When you get a patchwork of different state laws, it can become very difficult to comply.”

Read the team’s ABA Banking Journal preview of the Supreme Court term here.

If you can’t see the audio player above, click here to listen to this week’s episode.

In this episode: