Supreme Court of the United States · Official docket →
Alex Cantero, et al., Individually and on Behalf of All Others Similarly Situated v. Bank of America, N.A.
Paid petition · United States Court of Appeals for the Second Circuit, No. 21-400, 21-403 · judgment September 15, 2022
Before the decision, about 3× the 4.1% base rate. The model weighted this up for a Second Circuit decision below, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.
Question presented
At least thirteen states have, enacted laws requiring mortgage lenders to pay a minimum interest rate on funds held in mortgage escrow accounts. Congress has since recognized the existence of these state escrow-interest laws and has expressly required national banks to comply with them where applicable. See 15 U.S.C. § 1639d(g)(3). The question presented is: Does the National Bank Act preempt the application of state escrow-interest laws to national banks?
Counsel of record
For petitioner
Jonathan Ellis Taylor
Gupta Wessler PLLC
For respondent
Lisa S. Blatt
Williams & Connolly LLP
Case
Conference history
Distributed for 4 conferences
Amicus briefs
1 cert-stage · 13 merits
(6 supporting pet./neither, 7 respondent)
Argument & decision
Argued February 27, 2024 — Jonathan E. Taylor · Lisa S. Blatt. Audio and transcript
Decided May 30, 2024. Opinion by Kavanaugh.
Proceedings
- Jul 01 2024Judgment Issued.
- May 30 2024Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court.
- Feb 27 2024Argued. For petitioners: Jonathan E. Taylor, Washington, D. C.; and Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Lisa S. Blatt, Washington, D. C.
- Feb 16 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
- Feb 16 2024Reply of petitioners Alex Cantero, et al. filed. (Distributed)
- Feb 01 2024Record received electronically from the United States District Court for the Eastern District of New York and available with the Clerk.
- Jan 29 2024Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk.
- Jan 25 2024Brief amici curiae of The Bank Policy Institute, et al. filed. (Distributed)
- Jan 25 2024Brief amicus curiae of Joseph R. Mason filed. (Distributed)
- Jan 25 2024Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed)
- Jan 25 2024Brief amicus curiae of Flagstar Bank, N.A. filed. (Distributed)
- Jan 25 2024Brief amici curiae of Former Comptrollers of the Currency and senior OCC officials filed. (Distributed)
- Jan 24 2024Brief amicus curiae of Professor Dori K. Bailey filed. (Distributed)
- Jan 23 2024Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
- Jan 18 2024Brief of respondent Bank of America, N.A. filed. (Distributed)
- Jan 17 2024Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
- Jan 11 2024CIRCULATED.
- Jan 10 2024Record requested from the United States Court of Appeals for the Second Circuit.
- Jan 08 2024Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
- Jan 05 2024SET FOR ARGUMENT on Tuesday, February 27, 2024.
- Dec 15 2023Brief amici curiae of Flagstar Plaintiffs filed.
- Dec 15 2023Brief amici curiae of New York, et al. filed.
- Dec 15 2023Brief amici curiae of Conference of State Bank Supervisors, et al. filed.
- Dec 15 2023Brief amicus curiae of Constitutional Accountability Center filed.
- Dec 15 2023Brief amicus curiae of United States supporting vacatur filed.
- Dec 14 2023Brief amici curiae of Public Citizen, et al. filed.
- Dec 08 2023Brief of petitioners Alex Cantero, et al. filed.
- Dec 01 2023Motion to dispense with printing the joint appendix filed by petitioners Alex Cantero, et al.
- Oct 31 2023Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including December 8, 2023. The time to file respondent's brief on the merits is extended to and including January 18, 2024. Petitioners will file the reply brief no later than February 16, 2024.
- Oct 26 2023Motion for an extension of time filed.
- Oct 13 2023Petition GRANTED.
- Oct 10 2023DISTRIBUTED for Conference of 10/13/2023.
- Sep 13 2023DISTRIBUTED for Conference of 10/6/2023.
- Sep 13 2023Supplemental brief of petitioners Alex Cantero, et al. filed. (Distributed)
- Aug 30 2023Brief amicus curiae of United States filed. VIDED.
- Mar 27 2023The Solicitor General is invited to file a brief in this case expressing the views of the United States.
- Mar 08 2023DISTRIBUTED for Conference of 3/24/2023.
- Mar 08 2023Reply of petitioners Alex Cantero, et al. filed. (Distributed)
- Feb 16 2023Brief of respondent Bank of America, N.A. filed.
- Jan 17 2023Response Requested. (Due February 16, 2023)
- Jan 11 2023DISTRIBUTED for Conference of 2/17/2023.
- Jan 06 2023Waiver of right of respondent Bank of America, N.A. to respond filed.
- Dec 05 2022Petition for a writ of certiorari filed. (Response due January 9, 2023)