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 6, 2023)
| Date | Proceedings and Orders |
|---|---|
| Dec 05 2022 | Petition for a writ of certiorari filed. (Response due January 9, 2023) |
| Jan 06 2023 | Waiver of right of respondent Bank of America, N.A. to respond filed. |
| Jan 11 2023 | DISTRIBUTED for Conference of 2/17/2023. |
| Jan 17 2023 | Response Requested. (Due February 16, 2023) |
| Feb 16 2023 | Brief of respondent Bank of America, N.A. filed. |
| Mar 08 2023 | DISTRIBUTED for Conference of 3/24/2023. |
| Mar 08 2023 | Reply of petitioners Alex Cantero, et al. filed. (Distributed) |
| Mar 27 2023 | The Solicitor General is invited to file a brief in this case expressing the views of the United States. |
| Aug 30 2023 | Brief amicus curiae of United States filed. VIDED. |
| Sep 13 2023 | DISTRIBUTED for Conference of 10/6/2023. |
| Sep 13 2023 | Supplemental brief of petitioners Alex Cantero, et al. filed. (Distributed) |
| Oct 10 2023 | DISTRIBUTED for Conference of 10/13/2023. |
| Oct 13 2023 | Petition GRANTED. |
| Oct 26 2023 | Motion for an extension of time filed. |
| Oct 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. |
| Dec 01 2023 | Motion to dispense with printing the joint appendix filed by petitioners Alex Cantero, et al. |
| Dec 08 2023 | Brief of petitioners Alex Cantero, et al. filed. |
| Dec 14 2023 | Brief amici curiae of Public Citizen, et al. filed. |
| Dec 15 2023 | Brief amici curiae of Flagstar Plaintiffs filed. |
| Dec 15 2023 | Brief amici curiae of New York, et al. filed. |
| Dec 15 2023 | Brief amici curiae of Conference of State Bank Supervisors, et al. filed. |
| Dec 15 2023 | Brief amicus curiae of Constitutional Accountability Center filed. |
| Dec 15 2023 | Brief amicus curiae of United States supporting vacatur filed. |
| Jan 05 2024 | SET FOR ARGUMENT on Tuesday, February 27, 2024. |
| Jan 08 2024 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Jan 10 2024 | Record requested from the United States Court of Appeals for the Second Circuit. |
| Jan 11 2024 | CIRCULATED. |
| Jan 17 2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| Jan 18 2024 | Brief of respondent Bank of America, N.A. filed. (Distributed) |
| Jan 23 2024 | Brief amicus curiae of Washington Legal Foundation filed. (Distributed) |
| Jan 24 2024 | Brief amicus curiae of Professor Dori K. Bailey filed. (Distributed) |
| Jan 25 2024 | Brief amici curiae of The Bank Policy Institute, et al. filed. (Distributed) |
| Jan 25 2024 | Brief amicus curiae of Joseph R. Mason filed. (Distributed) |
| Jan 25 2024 | Brief amicus curiae of Chamber of Commerce of the United States of America filed. (Distributed) |
| Jan 25 2024 | Brief amicus curiae of Flagstar Bank, N.A. filed. (Distributed) |
| Jan 25 2024 | Brief amici curiae of Former Comptrollers of the Currency and senior OCC officials filed. (Distributed) |
| Jan 29 2024 | Record received electronically from the United States Court of Appeals for the Second Circuit and available with the Clerk. |
| Feb 01 2024 | Record received electronically from the United States District Court for the Eastern District of New York and available with the Clerk. |
| Feb 16 2024 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| Feb 16 2024 | Reply of petitioners Alex Cantero, et al. filed. (Distributed) |
| Feb 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. |
| May 30 2024 | Judgment VACATED and case REMANDED. Kavanaugh, J., delivered the opinion for a unanimous Court. |
| Jul 01 2024 | Judgment Issued. |
