District Court, S.D. West Virginia March 11, 2011, Civil Action 2:10-cv-00354 (Smith v. BAC Home Loans Servicing, LP)

MEMORANDUM OPINION AND ORDER

JOSEPH R. GOODWIN, Chief Judge.

Pending before the court is the Motion for Summary Judgment filed by the defendant, BAC Home Loans Servicing, LP (“BAC”) [Docket 22], BAC’s position rests primarily on preemption, an important constitutional doctrine that draws its force from the Supremacy Clause of the U.S. Constitution.