The 10th Circuit Court of Appeals has granted rehearing en banc in National Association of Industrial Bankers v. Weiser, vacating the prior November 2025 panel decision and staying the issuance of the mandate. The case involves a dispute over the interplay between federal banking law and state interest-rate limits, specifically under the Depository Institutions Deregulation and Monetary Control Act of 1980.
The court directed supplemental briefing on key questions of statutory interpretation, including the meaning of the phrase “loans made in such State” and the extent to which federal law preempts state consumer protection regulations. The order also invites consideration of legislative history, regulatory guidance, and whether a presumption against preemption should apply.
By vacating the panel ruling and reopening the case en banc, the 10th Circuit has signaled the importance of clarifying the scope of federal preemption in state-regulated lending. Amicus participation is encouraged, and additional briefing will help the full court assess the statutory framework and its implications for both lenders and state regulators.
Legal observers note that the en banc review could have broad consequences for financial institutions operating across state lines, as it may define the balance between federal banking authority and state regulatory oversight in consumer lending.