Cantero v. Bank of America
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 22-529 | 2nd Cir. | Feb 27, 2024 | May 30, 2024 | 9-0 | Kavanaugh | OT 2023 |
Holding: The U.S. Court of Appeals for the 2nd Circuit failed to analyze whether New York"s interest-on-escrow law is preempted as applied to national banks in a manner consistent with the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 and Barnett Bank of Marion Cty., N. A. v. Nelson.
Judgment: Vacated and remanded, 9-0, in an opinion by Justice Kavanaugh on May 30, 2024.
SCOTUSblog Coverage
- Little guidance from court on New York interest requirement on national bank escrow accounts (Ronald Mann, June 1, 2024)
- Justices debate New York interest requirement on national bank escrow accounts (Ronald Mann, February 28, 2024)
- Homeowners argue for interest on escrow accounts held by national banks (Ronald Mann, February 26, 2024)
- Court schedules February argument session (Amy Howe, January 5, 2024)
- Justices grant four new cases, including Chevron companion case (Amy Howe, October 13, 2023)
- Preemption of consumer protection laws, bankruptcy claims, COVID mandates and ... Chevron deference again? (John Elwood, October 11, 2023)
- Court takes up civil rights tester case (Amy Howe, March 27, 2023)
- Homeowners ask the justices to enforce a New York consumer-protection law against banks (Kalvis Golde, January 7, 2023)
| Date | Proceedings and Orders |
|---|---|
| 12/05/2022 | Petition for a writ of certiorari filed. (Response due January 9, 2023) |
| 01/06/2023 | Waiver of right of respondent Bank of America, N.A. to respond filed. |
| 01/11/2023 | DISTRIBUTED for Conference of 2/17/2023. |
| 01/17/2023 | Response Requested. (Due February 16, 2023) |
| 02/16/2023 | Brief of respondent Bank of America, N.A. filed. |
| 03/08/2023 | DISTRIBUTED for Conference of 3/24/2023. |
| 03/08/2023 | Reply of petitioners Alex Cantero, et al. filed. (Distributed) |
| 03/27/2023 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| 08/30/2023 | Brief amicus curiae of United States filed. VIDED. |
| 09/13/2023 | DISTRIBUTED for Conference of 10/6/2023. |
| 09/13/2023 | Supplemental brief of petitioners Alex Cantero, et al. filed. (Distributed) |
| 10/10/2023 | DISTRIBUTED for Conference of 10/13/2023. |
| 10/13/2023 | Petition GRANTED. |
| 10/26/2023 | Motion for an extension of time filed. |
| 10/31/2023 | Motion 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. |
| 12/01/2023 | Motion to dispense with printing the joint appendix filed by petitioners Alex Cantero, et al. |
| 12/08/2023 | Brief of petitioners Alex Cantero, et al. filed. |
| 12/14/2023 | Brief amici curiae of Public Citizen, et al. filed. |
| 12/15/2023 | Brief amici curiae of Flagstar Plaintiffs filed. |
| 12/15/2023 | Brief amici curiae of New York, et al. filed. |
| 12/15/2023 | Brief amici curiae of Conference of State Bank Supervisors, et al. filed. |
| 12/15/2023 | Brief amicus curiae of Constitutional Accountability Center filed. |
| 12/15/2023 | Brief amicus curiae of United States supporting vacatur filed. |
| 01/05/2024 | SET FOR ARGUMENT on Tuesday, February 27, 2024. |
| 01/08/2024 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| 01/10/2024 | Record requested from the United States Court of Appeals for the Second Circuit. |
| 01/11/2024 | CIRCULATED. |
| 01/17/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 01/18/2024 | Brief of respondent Bank of America, N.A. filed. (Distributed) |
| 01/23/2024 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| 01/24/2024 | Brief amicus curiae of Professor Dori K. Bailey filed. (Distributed) |
| 01/25/2024 | Brief amici curiae of The Bank Policy Institute, et al. filed. (Distributed) |
| 01/25/2024 | Brief amicus curiae of Joseph R. Mason filed. (Distributed) |
| 01/25/2024 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| 01/25/2024 | Brief amicus curiae of Flagstar Bank, N.A. filed. (Distributed) |
| 01/25/2024 | Brief amici curiae of Former Comptrollers of the Currency and senior OCC officials filed. (Distributed) |
| 01/29/2024 | Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk. |
| 02/01/2024 | Record received electronically from the United States District Court for the Eastern District of New York and available with the Clerk. |
| 02/16/2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 02/16/2024 | Reply of petitioners Alex Cantero, et al. filed. (Distributed) |
| 02/27/2024 | Argued. 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. |
| 05/30/2024 | Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
| 07/01/2024 | Judgment Issued. |