28 U.S.C. § 1348
Banking association as party
The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof, against any national banking association, any civil action to wind up the affairs of any such association, and any action by a banking association established in the district for which the court is held, under chapter 2 of Title 12, to enjoin the Comptroller of the Currency, or any receiver acting under his direction, as provided by such chapter.
All national banking associations shall, for the purposes of all other actions by or against them, be deemed citizens of the States in which they are respectively located.
Notes of Decisions
Cited in 307
cases (93 in the last 5 years), 1956–2026 · leading case: Firstar Bank, N.A., a Nat'l Banking Ass'n v. Lawrence J. Faul & Faul Chevrolet, Inc., an Illinois Corp., 253 F.3d 982 (1st Cir. 2001).
Firstar Bank, N.A., a Nat'l Banking Ass'n v. Lawrence J. Faul & Faul Chevrolet, Inc., an Illinois Corp., 253 F.3d 982 (1st Cir. 2001). “Discussion This case turns on the interpretation of the jurisdictional statute for national banks, 28 U.S.C. § 1348 , which states: The district courts shall have original jurisdiction of any civil action commenced by the United States, or by direction of any officer thereof,…”
Robert Rouse v. Wachovia Mortg., Fsb, 747 F.3d 707 (9th Cir. 2014). “The panel held that under 28 U.S.C. § 1348 a national bank is a citizen only of the state in which its main office is located.”
OneWest Bank, N.A. v. Robert W. Melina, 827 F.3d 214 (2d Cir. 2016). “28 U.S.C. § 1348 provides that national banks shall “be deemed citizens of the States in which they are respectively located.”
Wachovia Bank, Nat'l Ass'n v. Daniel G. Schmidt III Priag LLC Dgs Investments, Inc., 388 F.3d 414 (4th Cir. 2004). “We must therefore decide whether a national banking association is, within the meaning of 28 U.S.C. § 1348 , “located” in a state in which the banking association operates branch offices, and therefore a citizen of that state for purposes of diversity jurisdiction.”
Mercantile Nat. Bank at Dallas v. Langdeau, 371 U.S. 555 (1963). “On the one hand, the court interpreted § 94 as permissive only, not mandatory, and on the other, as having been repealed by an omnibus repealing clause in an 1882 statute [2] subsequently absorbed into 28 U. S. C. § 1348 . [3] Appellants brought the cases here under 28 U.”
Navy Fed. Credit Union v. LTD Fin. Servs., LP, 972 F.3d 344 (4th Cir. 2020). “28 U.S.C. § 1348 (“national banking associations” are “deemed citizens of the States in which they are respectively located”); 12 U.”
Arbaugh v. Y & H Corp., 546 U.S. 500 (2006). “§2707 (e)(3) (persons subject to orders of the Egg Board); 28 U. S. C. § 1348 (national banking associations), or for actions in which the amount in controversy exceeds, e.”
Wells Fargo Bank, N.A. v. WMR E-Pin, LLC, 653 F.3d 702 (8th Cir. 2011). “That this approach entailed some interpretive strain was not lost on the Seventh Circuit in deciding Firstar Bank: "Interpreting 28 U.S.C. § 1348 , the current version of which was promulgated in 1948, by referencing 28 U.”
Horton v. Bank One, N.A., 387 F.3d 426 (5th Cir. 2004). “2 28 U.S.C. § 1348 provides that for purposes of diversity jurisdiction, “[a]ll national banking associations shall .”
Taheny v. Wells Fargo Bank, N.A., 878 F. Supp. 2d 1093 (E.D. Cal. 2012). “In that case, Wells Fargo argued that it was a citizen of South Dakota, where it maintained its “main office,” that it was not a citizen of California (which it has admitted in other proceedings, is its “principal place of business”), and therefore, it argued, it was diverse…”
Wachovia Bank, Nat'l Ass'n v. Schmidt, 546 U.S. 303 (2006). “” 28 U.S.C. §1348 . Ill The Fourth Circuit panel majority advanced three principal reasons for deciding that Wachovia is “located” in, and therefore a “citizen” of, every State in which it maintains a branch office.”
Lois Davis v. Fort Bend Cnty., 893 F.3d 300 (5th Cir. 2018). “§ 2707 (e)(3) (persons subject to orders of the Egg Board); 28 U.S.C. § 1348 (national banking associations), or for actions in which the amount in controversy exceeds, e.”
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