Legal Opinion

Anderson v. H&R Block, Inc.

Court of Appeals for the Eleventh Circuit

Decided April 3, 2002No. 01-11863PublishedCited by 21 opinions

1Opinion of the Court

WILSON, Circuit Judge:

The issue we decide on this appeal is whether the plaintiffs’ state-law usury claims are completely preempted by the National Bank Act (NBA), 12 U.S.C. §§ 85 and 86, and therefore properly removable to federal court. Although the plaintiffs alleged only state-law claims in their complaint, the district court determined that it had jurisdiction based on the doctrine of complete preemption. We disagree and reverse.

BACKGROUND

The plaintiffs, who as customers of H&R Block, Inc. had taken out tax refund anticipation loans1 from Beneficial National Bank, brought suit in state…

2Cases cited21 opinions

  1. Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
  2. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  3. Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
  4. University of South Alabama v. American Tobacco Co.Court of Appeals for the Eleventh Circuit · 1999
  5. Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952

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3Cited by21 opinions

  1. Beneficial National Bank v. AndersonSupreme Court of the United States · 2003
  2. Connecticut State Dental Ass'n v. Anthem Health Plans, Inc.Court of Appeals for the Eleventh Circuit · 2009
  3. Hoskins v. Bekins Van LinesCourt of Appeals for the Fifth Circuit · 2003
  4. Arthur Geddes v. American Airlines, Inc., Terry MeenanCourt of Appeals for the Eleventh Circuit · 2003
  5. Robert Stern v. International Business Machines (IBM), a New York CorporationCourt of Appeals for the Eleventh Circuit · 2003

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