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Citibank, N.A., 517 U.S. 735 (1996), in which the Court deferred to an OCC rule interpreting the term “interest” in Section 85 of the NBA to include late fees, suggests that the OCC’s proposal is on firm grounds. [read post]
14 Jun 2020, 7:00 am
JPMorgan Chase Bank, N.A. et al, a case pending in the Southern District of New York, and on May 22, 2020, U.S. [read post]
13 May 2020, 1:23 pm by Lawrence B. Ebert
CLS Bank Int’l, 573 U.S. 208, 216(2014) (quoting Assoc. for Molecular Pathology v. [read post]
12 Mar 2020, 6:01 pm by MOTP
 Little, 37 F.3d at 1076.For claims or defenses on which the moving party will bear the burden of proof at trial, to be entitled to summary judgment the movant "must establish `beyond peradventure all of the essential elements of the claim or defense.'" Bank One, Tex., N.A. v. [read post]
5 Mar 2020, 12:19 pm by Andrew Hamm
JPMorgan Chase Bank, N.A. 19-678Issue: Whether the government is entitled to absolute deference regarding its decision to dismiss a False Claims Act action under 31 U.S.C. [read post]