New Ninth Circuit UCL preemption decision: Aguayo v. U.S. Bank

In Aguayo v. U.S. Bank, ___ F.3d ___ (9th Cir. Aug. 1, 2011), the Ninth Circuit held that federal law (namely, the National Bank Act and implementing OCC regulations) did not preempt a UCL "unlawful" prong claim predicated on violation of the Rees-Levering Act.