9th Circ. Questions Dismissal Of BofA False Ad Claims

Law360, New York (February 7, 2012, 8:58 PM EST) -- A Ninth Circuit panel expressed skepticism about Bank of America NA's argument Tuesday that the court should preserve a lower court's ruling that a California consumer's false advertising class action was preempted by federal law, despite a recent contrary appellate ruling.

"You may be absolutely right — there may be no basis for the complaint, and you may get it dismissed on summary judgment,” U.S. Circuit Judge Stephen Reinhardt told BofA’s attorney Laurence Hutt of Arnold & Porter LLP, who argued that the company had not...
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