Kathy Kroske, an Individual v. Us Bank Corp., a Foreign Corporation Dba U.S. Bank

Kathy Kroske appeals the district court’s order granting Defendant U.S. Bank Corp.’s motion for summary judgment, dismissing Kroske’s age discrimination claim under the Washington Law Against Discrimination (“WLAD”), Wash. Rev.Code §§ 49.60.010-400. Kroske first contends that the district court erroneously concluded that the amount in controversy exceeded $75,000 and therefore improperly determined that it had diversity jurisdiction pursuant to 28 U.S.C. § 1332 (a)(1). Kroske further argues that the district court erroneously concluded that the National Bank Act, 12 U.S.C. §§ 21 -216d, preempts her age discrimination claim under the WLAD. We have jurisdiction under 28 U.S.C. § 1291 . We conclude that diversity jurisdiction is proper and that Kroske’s age discrimination claim under the WLAD was not preempted. Accordingly, we reverse and remand.

I. Background

U.S. Bank Corp., a Delaware corporation, owns U.S. Bank National Association, which is a federally chartered National Banking Association that was formed in accordance with the National Bank Act, 12 U.S.C. § 21 . The Bank is governed by a board of directors, which is empowered by the Bank’s bylaws to elect and…