United States Fourth Circuit

In plaintiff-H&R Block's action seeking declaratory and injunctive relief with respect to enforcement of Maryland's Credit Services Businesses Act (CSBA), involving whether the Act applies to one of plaintiff's products, a "refund anticipation loan," grant of partial summary judgment to each party in ruling that certain of the CSBA's provisions are preempted is vacated and remanded as the district court erred in not analyzing, as the first step in the preemption analysis, whether the CSBA in fact applies to plaintiff.

Appellate Information

• Argued 10/29/2009
• Decided 01/15/2010
• Published 01/15/2010

Judges

• Before MOTZ and KING, Circuit Judges, and AnthonyJ. TRENGA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Jerrold Joseph Ganzfried, Howrey, LLP, Washington, D.C., for Appellant/Cross-Appellee. Jonathan R. Krasnoff, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellee/Cross-Appellant. ON BRIEF:Matthew M. Neumeier, Gabriel A. Crowson, Howrey, LLP, Chicago, Illinois; William Murphy, Jr., Richard V. Falcon, The Murphy Firm, Baltimore, Maryland, for Appellant/Cross-Appellee. Douglas F. Gansler, Attorney General of Maryland, Baltimore, Maryland, for Appellee/Cross-Appellant.