DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
091096P.pdf 10/20/2009 Michael Casey v. North American Savings
U.S. Court of Appeals Case No: 09-1096
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Bright and Riley, Circuit Judges]
Civil case - banking. Because the court retained subject matter
jurisdiction under 12 U.S.C. Sec. 1819(b)(2)(A), dismissal of the claims
against the FDIC did not require a remand under 28 U.S.C. Sec. 1447(c);
rule of unanimity did not limit the FDIC's unilateral power of removal
under Sec. 1819(b)(2)(B); assuming 28 U.S.C. Sec. 1441(c) can be
properly invoked in this matter, the threshold for triggering the court's
discretion to remand is not met; remand is not required to preserve
Missouri's ability to regulate the legal profession and prevent
unauthorized practice of law; a state law that either on its face or as
applied imposes requirements regarding the examples listed in 12 C.F.R.
Sec. 560.2(b) is preempted; here, the Missouri statutes on which plaintiffs
base their claim that charging homeowners fees for legal documents
prepared by nonlawyers violates Missouri law fall within the type of
"loan-related fees" set out in Sec. 560.2(b)(5), and the statutes are
preempted.