September 22, 2011
The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, September 21, 2011. The summary includes those civil cases in which (1) review has been granted (not including grant-and-transfers), (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
Review Denied (with dissenting justices)
Quinn v. U.S. Bank NA, S194866—Review Denied [Baxter, J., voting for review]—September 21, 2011
This was an action by a former bank executive against the bank and his supervisor, alleging disability discrimination in violation of the Fair Employment and Housing Act (FEHA) and state common law. The question presented was whether the National Bank Act of 1864 (Bank Act) was impliedly amended by the Americans with Disabilities Act (ADA) and, as amended, whether the Bank Act preempts the disability discrimination provisions of FEHA because they are substantively the same as analogous provisions of the ADA.
The Court of Appeal, Second District, Division Four, held in a published decision, Quinn v. US Bank NA (2011) 196 Cal.App.4th 168, that: (1) the Bank Act, as impliedly amended by the ADA, preempts FEHA to the extent that FEHA conflicts with the Bank Act’s “dismiss at pleasure” provision (12 U.S.C. § 24); and (2) the Bank Act does not preempt FEHA’s limitations provisions.