SILVAS v. E*TRADE MORTG. CORP.

No. 06-55556.

514 F.3d 1001 (2008)

Edna SILVAS; Rodolfo Silvas, Plaintiffs-Appellants, v. E*TRADE MORTGAGE CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 30, 2008.


Attorney(s) appearing for the Case

Norman B. Blumenthal, David R. Markham, Kyle R. Nordrehaug, Blumenthal & Markham, La Jolla, CA, for the plaintiffs-appellants.

Daniel Harris, The Law Offices of Daniel Harris, Chicago, IL, for the plaintiffs-appellants.

Douglas P. Lobel, David A. Vogel, Cooley Godward Kronish, LLP, Reston, VA, for the defendant-appellee.

Lori R.E. Ploeger, Cooley Godward Kronish, LLP, Palo Alto, CA, for the defendant-appellee.

Before: HARRY PRE GERSON, JOHN T. NOONAN, and STEPHEN S. TROTT, Circuit Judges.


TROTT, Circuit Judge:

Based on the doctrine of preemption, the district court dismissed Plaintiffs-Appellants' class action suit against Defendant-Appellee E*TRADE Mortgage. Appellants argue that the district court erred in applying field preemption to bar their claims. We have jurisdiction pursuant 28 U.S.C. § 1291 over this timely appeal, and we affirm.

I

BACKGROUND

In October 2001, Plaintiffs...

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