Aalgaard v. Merchants National Bank, Inc.
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SPARKS, Acting P. J.
The central question in this appeal is whether an action against a national banking association with less than 20 employees, and its officers, for age discrimination under the California statute (Gov. Code, § 12941) and for violation of employment covenants under California law is preempted by section 24, Fifth, of the National Bank Act. (12 U.S.C. § 24, Fifth [Section 24 (Fifth)].) We hold that it is.
Under the act, “[a national banking] association . . . shall have power . . . [¶] To elect or appoint directors, and by its board of directors to appoint a president,…
2Cases cited64 opinions
- Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963
- Morton v. MancariSupreme Court of the United States · 1974
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Silkwood v. Kerr-McGee Corp.Supreme Court of the United States · 1984
- Perez. v. CampbellSupreme Court of the United States · 1971
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3Cited by34 opinions
- Wells Fargo Bank v. Superior CourtCalifornia Supreme Court · 1991
- Crosstalk Productions, Inc. v. JacobsonCalifornia Court of Appeal · 1998
- Peatros v. BANK OF AMERICA NT & SACalifornia Supreme Court · 2000
- Calero v. Unisys Corp.District Court, N.D. California · 2003
- Skrbina v. Fleming Companies, Inc.California Court of Appeal · 1996
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