Legal Opinion

McCurry v. Chevy Chase Bank

Court of Appeals of Washington

Decided June 2, 2008No. 60075-3-IPublishedCited by 8 opinions

1Opinion of the Court

Dwyer, A.C.J.

¶1 In this case we are asked to decide whether federal regulations preempt certain state law claims made against a home loan lender. Anne and Chris McCurry appeal the trial court’s dismissal of their putative nationwide class action against federally chartered savings bank Chevy Chase Bank, FSB. Chevy Chase charged the McCurrys $20 in “Accumulated Fax Fees” and a $2 “Notary Fee” as a result of the McCurrys’ payoff of a home loan made to them by Chevy Chase. In a “Payoff Statement” issued to the McCurrys, Chevy Chase stated that the McCurrys’ “[p]ayoffs cannot be processed unless…

2Cases cited24 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  3. Skidmore v. Swift & Co.Supreme Court of the United States · 1944
  4. Christensen v. Harris CountySupreme Court of the United States · 2000
  5. Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982

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3Cited by8 opinions

  1. McCurry v. Chevy Chase Bank, FSBWashington Supreme Court · 2010
  2. McCurry v. Chevy Chase Bank, FSBWashington Supreme Court · 2010
  3. Davenport v. Washington Educ. Ass'nCourt of Appeals of Washington · 2008
  4. Davenport v. Washington Education Ass'nCourt of Appeals of Washington · 2008
  5. Casey v. Federal Deposit InsuranceCourt of Appeals for the Eighth Circuit · 2009

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