April 3, 2008

U.S. Supreme Court Will Consider McGee v. Tucoemas Federal Credit Union Cert. Petition on April 11

The U.S. Supreme Court has placed McGee v. Tucoemas Federal Credit Union on its April 11 conference list, according to the on-line docket. As we previously blogged, here and here, the question presented is: "Federal credit unions are federal instrumentalities chartered under the Federal Credit Union Act, 12 U.S.C. §§ 1751 to 1795k. Does their authority under that Act to 'sue and be sued,' 12 U.S.C. § 1757(2), waive their immunity as federal instrumentalities from punitive damage claims? The decision of the Court of Appeal of the State of California, which allowed the punitive damage claims here, declined to follow decisions of the Sixth, Eighth, Ninth, and Eleventh Circuits of the United States Court of Appeals."