Donald Lusnak v. Bank of America

  1. June 07, 2018

    9th Circ. Pauses Calif. Escrow Ruling So BofA Can Appeal

    A Ninth Circuit panel hit pause Wednesday on its ruling that rejected Bank of America's contention in a homeowner's suit that the National Bank Act preempts a California state escrow interest law, holding off on issuing its mandate while the bank pursues a potential U.S. Supreme Court appeal. 

  2. May 16, 2018

    BofA Loses Bid For 9th Circ. Redo Of Calif. Escrow Ruling

    The full Ninth Circuit will not rehear a panel decision that revived a putative class action alleging that Bank of America NA skirted state law by electing not to pay interest on mortgage escrow accounts, circuit judges said in an order Wednesday.

  3. April 23, 2018

    Review BofA Preemption Ruling, OCC Tells 9th Circ.

    The Office of the Comptroller of the Currency on Monday threw its weight behind Bank of America in urging the Ninth Circuit to review a panel decision that found the National Bank Act does not preempt a California state escrow interest law, arguing that it's the "rare case that justifies rehearing."

  4. April 16, 2018

    BofA Challenges 9th Circuit Panel's Preemption Decision

    Bank of America on Friday petitioned the Ninth Circuit for an en banc review of a panel decision finding that the National Bank Act does not preempt a California state escrow interest law, saying the decision constitutes a "drastic change in the law."

  5. March 02, 2018

    BoA Can't Use Dodd-Frank To Dodge Calif. Law, 9th Circ. Says

    The Ninth Circuit on Friday revived a putative class action alleging Bank of America is illegally dodging a California law requiring it to pay interest on mortgage escrow accounts, finding that the bank must abide by the state consumer law because the law doesn't interfere with the bank exercising its banking powers.

  6. November 07, 2016

    9th Circ. Told Dodd-Frank Means BofA Can't Dodge Calif. Law

    A California homeowner urged the Ninth Circuit on Monday to revive his putative class action alleging Bank of America is illegally dodging a California law requiring it to pay interest on mortgage escrow accounts, arguing the Dodd-Frank Act makes clear California's law isn't preempted by federal law.

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