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Supreme Court

Little guidance from court on New York interest requirement on national bank escrow accounts

Justice Brett Kavanaugh’s opinion for a unanimous court Thursday in Cantero v. Bank of America will not be one for the casebooks or treatises, as it says almost nothing about how the lower court is supposed to reconcile provisions of the National Bank Act that protect national banks with a New York statute requiring all banks (including national banks) to pay interest on the escrow accounts they hold for their mortgage customers.

The difficulty arises because amendments to the … Read the rest

Supreme Court

Relist-palooza: Religious exercise, the False Claims Act, takings clause, RICO, bank secrecy, and more

The Relist Watch column examines cert petitions that the Supreme Court has “relisted” for its upcoming conference. A short explanation of relists is available here.

This Friday’s conference represents a significant date in the Supreme Court’s schedule: Based on the schedule prescribed by the court’s rules, it is the last conference at which a cert petition can be granted and the case heard during the court’s April sitting. Because it appears that sitting is mostly empty at … Read the rest

Supreme Court

Justices grant review in cases on Bank Secrecy Act and False Claims Act

The Supreme Court on Tuesday morning added two cases — one involving the Bank Secrecy Act, the other involving the government’s power to dismiss fraud claims — to its 2022-23 docket. In a list of orders from the justices’ private conference last week, the justices also turned down – over a dissent from Justice Clarence Thomas that was joined by Justice Samuel Alito – a request from Ohio to reinstate the conviction and death sentence of an inmate who … Read the rest

Supreme Court

The return of the vaccine mandate for health workers and sovereign immunity for a Turkish bank

This week we highlight cert petitions that ask the Supreme Court to consider, among other things, the Biden administration’s vaccine mandate for health care workers, and a Turkish bank’s immunity claim.

In Missouri v. Biden, the justices face a petition asking them to review on the merits the Biden administration’s vaccine policy for health care workers. The mandate requires nearly all health care workers at facilities that participate in Medicare and Medicaid to be fully vaccinated against COVID-19 … Read the rest