United States First Circuit

In a suit to enjoin enforcement of a state law prohibiting the sale of stored value giftcards issued by national banks and national thrifts that carried expiration dates or were subject to administrative fees, summary judgment for plaintiffs is affirmed where the statute was preempted as applied to products sold by national banks and thrifts.

Appellate Information

• Decided 05/30/2007
• Published 05/30/2007

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, Circuit Judge, TASHIMA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• David A. Rienzo, with whom Richard W. Head, Senior Assistant Attorney General, New Hampshire Department of Justice, were on brief, for appellant.


• For Appellees:
  
• Paul W. Shaw, with whom Margaret M. Pinkham and Brown Rudnick Berlack Israels LLP, was on brief, for appellee SPGGC, LLP., Christine B. Cesare, with whom Bryan Cave LLP, Bruce Felmly, and McLane, Graf, Raulerson & Middleton, P.A., was on brief, for appellee Metabank., James R. McGuire, with whom Morrison & Foerster LLP, was on brief, for appellee U.S. Bank, N.A., Douglas B. Jordan, Senior Counsel, Litigation Division, Office of the Comptroller of the Currency, with whom Julie L. Williams, Chief Counsel, Daniel P. Stipano, Deputy Chief Counsel, and Horace G. Sneed, Director, Litigation Division, was on brief for the Office of the Comptroller of the Currency, as amicus curiae in support of appellee U.S. Bank, N.A.