Thomas v. US Bank Nat'l Assoc. ND, No. 08-3302
District court judgment denying plaintiff's motion to remand to state court is reversed where the court erred in finding that plaintiffs' claim under the Missouri Second Mortgage Loan Act was completely preempted by the Depository Institutions Deregulation and Monetary Control Act, as the federal remedy does not apply and therefore is not the exclusive remedy. The case is remanded to district court with directions to reinstate the claims and remand the case to state court.
Read Thomas v. US Bank Nat'l Assoc. ND, No. 08-3302
Appeal from the United States District Court for the Westesrn District of Missouri.
Submitted: April 13, 2009
Filed: August 6, 2009
Before MURPHY, HANSEN, and BYE, Circuit Judges.
Opinion by BYE, Circuit Judge.
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.