RESPONSE FILED TO PETITION FOR REHEARING IN 10TH CIRCUIT DIDMCA STATE OPT OUT CASE

On January 21, the Defendants-Appellees filed their response to the petition for rehearing in National Association of Industrial Bankers v. Weiser, i arguing that en banc review is not warranted because (i) the Panel Opinion does not conflict with the Eighth Circuit’s decision in Jessup v. Pulaski Bank, ii , (ii) the Panel Opinion correctly applies Supreme Court precedent on express preemption and (iii) the Panel Opinion is a routine statutory interpretation, not a question of exceptional public importance…
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