FINDLAW: Daily Opinion Summaries for U.S. Supreme Court – 6/29/09

BANKING LAW, GOVERNMENT LAW

Cuomo v. Clearing House Ass’n., L.L.C., No. 08–453
In an action claiming that certain state fair-lending laws were preempted by the National Bank Act (NBA) and accompanying regulations, an injunction in favor of Plaintiffs is affirmed in part, where the state’s threatened issuance of executive subpoenas was an improper exercise of “supervisory power”. However, the judgment is reversed in part where a federal regulation purporting to pre-empt state law enforcement is not a reasonable interpretation of the NBA.

CIVIL RIGHTS, CONSTITUTIONAL LAW, GOVERNMENT LAW, LABOR & EMPLOYMENT LAW

Ricci v. DeStefano, No. 07–1428
In a Title VII action claiming that a city discriminated against white firefighter candidates for a promotion by discarding their test results based on a statistical racial disparity, summary judgment for Defendants is reversed where the city’s action in discarding the tests violated Title VII, because a threshold showing of a significant statistical disparity is far from a strong basis in evidence that the city would have been liable under Title VII had it certified the test results.

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