Legal Opinion

Smith v. Fidelity Consumer Discount Co.

Court of Appeals for the Third Circuit

Decided June 27, 1989No. 88-1444PublishedCited by 47 opinions

1Opinion of the Court

OPINION OF THE COURT

STAPLETON, Circuit Judge:

This appeal requires us to answer a discrete, but important, legal question: Does § 501(a) of the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”), 94 Stat. 165, codified as amended, 12 U.S.C. § 1735f-7a(a)(l),1 preempt a state usury law’s application to loans secured by first liens on residential property that were obtained by borrowers to finance the purchase of used cars? We hold, as did the district court, 686 F.Supp. 504, that it does. As this conclusion is dispositive of plaintiffs’ claims under the…

2Cases cited22 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. United States v. TurketteSupreme Court of the United States · 1981
  4. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  5. United States v. American Trucking AssociationsSupreme Court of the United States · 1940

17 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. United States v. Richard StevensCourt of Appeals for the Third Circuit · 1991
  2. United States of America, Ex Rel. Stinson, Lyons, Gerlin & Bustamante, P.A. v. The Prudential Insurance CompanyCourt of Appeals for the Third Circuit · 1991
  3. United States v. Theophilus BlackstonCourt of Appeals for the Third Circuit · 1991
  4. New Rock Asset Partners, L.P. v. Preferred Entity Advancements, Inc.Court of Appeals for the Third Circuit · 1996
  5. Manjit Singh, as Administrator of the Estate of Ram P. Singh, Deceased v. Daimler-Benz Ag Mercedes-Benz of North America, IncCourt of Appeals for the Third Circuit · 1993

42 more not listed; retrieve them via the Exa API.

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