During these challenging times, Severson & Werson remains open and in full operation, consistent with the firm’s previously established contingency planning. While many of our attorneys and staff will be working remotely, as a firm, we continue in full operation. We are here to help, as always.

Effective, Experienced, Exceptional.

Firm Profile

Pre-emption

Subscribe to Consumer Finance

Thank you for your desire to subscribe to Severson & Werson’s Consumer Finance Weblog. In order to subscribe, you must provide a valid name and e-mail address. This too will be retained on our server. When you push the “subscribe button”, we will send an electronic mail to the address that you provided asking you to confirm your subscription to our Weblog. By pushing the “subscribe button”, you represent and warrant that you are over the age of 18 years old, are the owner/authorized user of that e-mail address, and are entitled to receive e-mails at that address. Our weblog will retain your name and e-mail address on its server, or the server of its web host. However, we won’t share any of this information with anyone except the Firm’s employees and contractors, except under certain extraordinary circumstances described on our Privacy Policy and (About The Consumer Finance Blog/About the Appellate Tracker Weblog) Page. NOTICE AND AGREEMENT REGARDING E-MAILS AND CALLS/TEXT MESSAGES TO LAND-LINE AND WIRELESS TELEPHONES: By providing your contact information and confirming your subscription in response to the initial e-mail that we send you, you agree to receive e-mail messages from Severson & Werson from time-to-time and understand and agree that such messages are or may be sent by means of automated dialing technology. If you have your email forwarded to other electronic media, including text messages and cellular telephone by way of VoIP, internet, social media, or otherwise, you agree to receive my messages in that way. This may result in charges to you. Your agreement and consent also extend to any other agents, affiliates, or entities to whom our communications are forwarded. You agree that you will notify Severson & Werson in writing if you revoke this agreement and that your revocation will not be effective until you notify Severson & Werson in writing. You understand and agree that you will afford Severson & Werson a reasonable time to unsubscribe you from the website, that the ability to do so depends on Severson & Werson’s press of business and access to the weblog, and that you may still receive one or more emails or communications from weblog until we are able to unsubscribe you.

District Court (Mass.) Says Graves Amendment Pre-empts Vicarious Liability Claim against Lessor of Vehicle

by Scott J. Hyman |

In Moura v. Cannon, No. 4:17-40166-TSH, 2021 U.S. Dist. LEXIS 184736, at *1-3 (D. Mass. Sep. 27, 2021), Judge Hillman dismissed a personal injury claim against a lessor based on Graves Amendment pre-emption. The following facts are undisputed unless otherwise stated. On December 14, 2016, John Cannon ("Cannon") was driving a tractor-trailer on Interstate 35 in Oklahoma when he crashed… Read More

District Court (Ark.) Says Lessor Who Provided That the Driver Was Not Its Employee Was Not Liable Under the Graves Amendment’s Savings Clause

by Scott J. Hyman |

In Hamilton v. Brewster, No. 2:20-CV-02054, 2021 U.S. Dist. LEXIS 175964, at *5-6 (W.D. Ark. Sep. 16, 2021), Judge Holmes granted summary judgment to a lessor who proved that the driver was not the lessor's employee under the Graves Amendment savings clause, having been faced with pleadings alleging that the driver of the vehicle was the lessor's employee. "Although the… Read More

District Court (Tex.) Disagrees with 8th Circuit’s Analysis of Graves Amendment on Lessor Vicarious Liability; Allows Negligent Entrustment Claim to Proceed

by Scott J. Hyman |

In Fuller v. Biggs, No. 3:20-CV-2146-G, 2021 U.S. Dist. LEXIS 64672, at *14-17 (N.D. Tex. Apr. 2, 2021), Judge Fish allowed a personal injury claim to proceed against the lessor of a vehicle.  The facts were as follows: This suit arises out of a motor vehicle collision involving the plaintiffs and Scott Biggs ("Biggs").1Link to the text of the note On… Read More

District Court (Cal.) Finds No Conflict Pre-emption Between NBA and California’s Post-Repossession NOI Statute; Finds that NOI Violated State Law Because It Failed To Give Notice of “All” Conditions Precedent to Reinstatement

by Scott J. Hyman |

In Aguayo v. U.S. Bank, 2016 WL 2609296, at *2-4 (S.D.Cal., 2016), Judge Whelan granted partial summary judgment to an NOI class action plaintiff who argued that US Bank's NOI violated state law.  First, Judge Whelan rejected US Bank's conflict preemption argument. On September 24, 2009, this Court granted U.S. Bank's motion to dismiss the case based on the finding… Read More

9th Cir. Says NEA Pre-empts Some Student Loan Debt Servicing Issues

by Scott J. Hyman |

In Chae v. SLM Corporation, 593 F.3d 936 (9th Cir. 2010), the U.S. Court of Appeals for the Ninth Circuit held that the federal Higher Education Act preempts student borrowers'  claims that Sallie Mae, Inc.'s interest rates, late fees, and payment schedules violate California law. In conclusion, the Plaintiffs’ allegations that Sallie Mae makes fraudulent misrepresentations in its billing statements and coupon books are… Read More

District Court (Cal.) Says No HEA Pre-emption for FDCPA Claims, But Rosenthal Act Claims Were Preempted

by Scott J. Hyman |

In Wheeler v. Premiere Credit of North America, LLC, 2015 WL 222459, at *1-2 (S.D.Cal.,2015), Judge Curiel found that the HEA did not preempt the FDCPA, but did preempt the Rosenthal Act -- as to the claims pleaded.  The facts were as follows. Defendant is an accounts receivable contractor authorized to perform collection activities on defaulted student loans on behalf… Read More

9th Cir. Refuses to Enforce Arb. Clause in Post-Concepcion/Post-Trial Scenario; Finds Partial Pre-emption of UCL Claim related to Bank Overdraft Charges

by Scott J. Hyman |

In Gutierrez v. Wells Fargo Bank, NA --- F.3d ----, 2012 WL 6684748 (9th Cir. 2012), the Court of Appeals for the Ninth Circuit rejected a post-trial petition to enforce arbitration, and found partial pre-emption of the UCL to the extent it conflicted with the business of banking in how a bank applies and computes overdraft fees.  The Court of Appeals… Read More

4th Cir. Finds No NBA Pre-emption of State Law Car RISC Disclosure Obligations Related to Debt Cancellation Agreements

by Scott J. Hyman |

In Decohen v. Capital One, N.A. --- F.3d ----, 2012 WL 6685767 (4th Cir. 2012), the Fourth Circuit Court of Appeals found no NBA/OCC pre-emption of Maryland's debt cancellation agreement laws as related to an automobile RISC where the National Bank was an assignee as opposed to the original lender.   But, the Court of Appeals went farther, too, find no… Read More

District Court (Fla.) Holds NBA Does Not Pre-Empt State’s Fair Debt Collection Law

by Scott J. Hyman |

In In re Bate, --- B.R. ----, 2011 WL 2469689 (Bkrtcy.M.D.Fla. 2011), Bankruptcy Judge Williamson held that although the National Bank Act preempts state laws that prevent or significantly interfere with the exercise by national banks of their powers, and the Florida Consumer Collection Practices Act applies generally to all creditors and prohibits inappropriate debt collection practices, the FCCPA does… Read More