Legal Opinion
Silvas v. ETrade Mortgage Corp.
Court of Appeals for the Ninth Circuit
Decided January 30, 2008No. 06-55556PublishedCited by 147 opinions
1Opinion of the Court
TROTT, Circuit Judge:
Based on the doctrine of preemption, the district court dismissed Plaintiffs-Appellants’ class action suit against Defendant-Appellee E*TRADE Mortgage. Appellants argue that the district court erred in applying field preemption to bar their claims. We have jurisdiction pursuant 28 U.S.C. § 1291 over this timely appeal, and we affirm.
I
BACKGROUND
In October 2001, Plaintiffs-Appellants Edna and Rodolfo Silvas began the process of refinancing their mortgage with Defendant-Appellee E*TRADE Mortgage Corporation (“E*TRADE”). During the process, Appellants paid E*TRADE a $400.00…
2Cases cited14 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- San Diego Building Trades Council v. GarmonSupreme Court of the United States · 1959
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Auer v. RobbinsSupreme Court of the United States · 1997
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
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3Cited by147 opinions
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- Douglas v. NoelleCourt of Appeals for the Ninth Circuit · 2009
- Retail Property Trust v. United Brotherhood of Carpenters & Joiners of AmericaCourt of Appeals for the Ninth Circuit · 2014
- Luis Mujica v. Airscan Inc.Court of Appeals for the Ninth Circuit · 2014
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