Legal Opinion

American Bankers Ass'n v. Gould

Court of Appeals for the Ninth Circuit

Decided June 20, 2005No. 04-16334, 04-16560PublishedCited by 30 opinions

1Opinion of the Court

WILLIAM A. FLETCHER, Circuit Judge.

The question in this appeal is whether the federal Fair Credit Reporting Act (“FCRA”) preempts the California Financial Information Privacy Act (commonly known as “SB1”) insofar as it regulates the exchange of information among financial institutions and their affiliates. The district court granted summary judgment to the Attorney General, holding that SB1 is not preempted in any respect. We reverse. We hold that the FCRA preempts at least some part of SBl’s affiliate-sharing provisions. Because there is a possibility that some part of these provisions may…

2Cases cited3 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000

3Cited by30 opinions

  1. Lyon v. Chase Bank USA, N.A.Court of Appeals for the Ninth Circuit · 2011
  2. Clear Channel Outdoor, Inc. v. Knupfer (In Re PW, LLC)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2008
  3. Robert Oja v. United States Army Corps of Engineers Robert B. Flowers, Lieutenant GeneralCourt of Appeals for the Ninth Circuit · 2006
  4. In Re OkosisiUnited States Bankruptcy Court, D. Nevada · 2011
  5. Hooks Ex Rel. National Labor Relations Board v. Kitsap Tenant Support Services, Inc.Court of Appeals for the Ninth Circuit · 2016

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