Kronemeyer v. U.S. Bank National Ass'n

PRESIDING JUSTICE SPOMER

delivered the opinion of the court:

We granted the petition of the defendant for leave to appeal the denial of its motion to dismiss count I of the plaintiffs’ third amended complaint, based on the following questions certified by the circuit court of Madison County pursuant to Illinois Supreme Court Rule 308 (155 Ill. 2d R. 308): (1) whether the plaintiffs’ claims are preempted under the National Bank Act (12 U.S.C. §93a (2000)) and the regulations and regulatory interpretations issued thereunder by the Office of the Comptroller of the Currency (OCC) and (2) whether…