Second Circuit Upholds National Bank Preemption In Cantero On Remand

The U.S. Court of Appeals for the Second Circuit has issued its long awaited opinion on remand in Cantero v Bank of America, N.A.¹ upholding national bank preemption with regard to New York’s interest on escrow law. This decision creates a clear conflict with the First Circuit in Conti and the Ninth Circuit in Kivett, setting the stage for a potential appeal to the U.S. Supreme Court for further guidance on the proper application of the “nuanced comparative analysis” required by the Supreme Court’s earlier decision in Cantero. See our ALERT of Dec. 11, 2025. The Second Circuit’s decision was not unanimous, however, so a request for en banc review is possible.
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