United States First Circuit

In a dispute involving credit card interest rates, district court's dismissal of plaintiff's state law claims and denial of his motion to amend is affirmed where: 1) plaintiff's claim that defendant's interest rate increase constituted an illegal penalty was preempted by the Home Owners' Loan Act; 2) plaintiff did not adequately argue or explain how defendant's actions were unfair and deceptive acts and practices in violation of state law; and 3) district court did not abuse its discretion in denying plaintiff the opportunity to amend his complaint to allege additional claims under federal and state law. Defendant's motion for an additional 180-day stay to allow for the completion of any administrative claims and plaintiff's motion to substitute or add Chase Bank as a real party in interest are both denied.

Appellate Information

• Decided 04/03/2009
• Published 04/03/2009

Judges

• BOUDIN, Circuit Judge., Before TORRUELLA and BOUDIN, Circuit Judges, and SCHWARZER, District Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Barry L. Kramer with whom Law Offices of Barry L. Kramer, David Pastor and Gilman and Pastor, LLP were on brief for appellant.


• For Appellees:
  
• John A. Houlihan with whom Gail Elise Cornwall and Edwards Angell Palmer & Dodge LLP were on brief for appellee.