Today, the U.S. Supreme Court will be conferencing the cert. petition in Bank of America, N.A. v. Rose, No. 13-662. The petition, filed in November, asks the U.S. Supreme Court to consider and overturn the California Supreme Court's decision in Rose v. Bank of America, N.A., 57 Cal.4th 390 (2013).
As explained in this blog post, Rose addressed whether a UCL "unlawful" prong claim could be predicated on violations of the federal Truth in Savings Act ("TISA") (12 U.S.C. §§ 4301 et seq.), even though the Act did not carry a private right of action. The California Supreme Court's answer was yes, and its analysis rested firmly on long-established principles of UCL jurisprudence.
Stranger things have happened, but it seems unlikely that the U.S. Supreme Court would have any interest in this case. On Monday, the conference results will be announced. The petition could be granted or denied or the case might be relisted. Here are links to the parties' briefs:
- Petition for a Writ of Certiorari (filed Nov. 27, 2013)
- Brief in Opposition (filed on Jan. 30, 2014)
- Reply in Support of Petition (filed Feb. 17, 2014)
(I do not have a copy of the amicus curiae brief of the California Bankers Association, filed on Dec. 31, 2013.)