In a “tele-town hall” yesterday sponsored by Americans for Financial Reform, Senator Elizabeth Warren urged participants to contact their Senators to press them to confirm Richard Cordray as CFPB Director and support a change in Senate filibuster rules to require 51 rather than 60 votes for Mr. Cordray’s nomination to be voted on by the full Senate. … Continue Reading
The U.S. Supreme Court agreed today to review the D.C. Circuit’s decision in Noel Canning v. NLRB invalidating President Obama’s January 4, 2012 appointment of three NLRB members. Because Richard Cordray was appointed CFPB Director on the same day and through the same assertion of “recess” appointment authority as the NLRB members at issue in Noel Canning, the Supreme Court’s ultimate ruling will effectively determine the validity of Mr.… Continue Reading
The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker. In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit ruled today that, under the U.S. Constitution’s Recess Appointments Clause (RAC), the President may only make recess appointments during an intersession recess. … Continue Reading
A petition for certiorari seeking review of the D.C. Circuit’s January 2013 decision in Noel Canning vs. NLRB has been filed in the U.S. Supreme Court. That decision, which we have blogged about before, held that President Obama’s January 4, 2012 recess appointments of three members to the National Labor Relations Board were invalid under the Recess Appointments Clause of the Constitution.… Continue Reading
The D.C. Circuit’s January 2013 decision in Noel Canning v. NLRB is the subject of two recently-issued reports by the Congressional Research Service. The decision held that President Obama’s recess appointments of three individuals to the National Labor Relations Board violated the Recess Appointments Clause of the U.S. Constitution (RAC).
One report, titled “The Recess Appointment Power After Noel Canning v.… Continue Reading
The CFPB announced the settlement of enforcement actions brought in federal district court in Florida against four national mortgage insurers involving allegations that the insurers paid kickbacks to mortgage lenders in violation of Section 8 of the Real Estate Settlement Procedures Act.
The alleged kickbacks were paid through captive reinsurance arrangements in which the mortgage insurers, after insuring mortgage loans made by a lender, purchased reinsurance from the lender’s affiliate or subsidiary. … Continue Reading
The 18th Annual Consumer Financial Services Institute, sponsored by the Practising Law Institute, will take place on April 8-9, in New York City (and by live webcast and groupcast in Philadelphia, Pittsburgh, and Mechanicsville, Pennsylvania), and on May 2-3, in Chicago.
As I have done for the past 17 years, I will again be co-chairing and speaking at the event. … Continue Reading
“Can we duck the [recess appointments] issue?” That question was asked yesterday by one of the members of the Third Circuit three-judge panel hearing oral argument on the National Labor Relation Board’s application to enforce its order in NLRB v. New Vista Nursing.
New Vista, like the Noel Canning v.… Continue Reading
Recently the Department of Justice filed a letter brief in a case pending in the U.S. Court of Appeals for the Third Circuit in the hopes of dissuading that court from following the D.C. Circuit’s recent Recess Appointments Clause (“RAC”) decision in Noel Canning v. NLRB. The pending Third Circuit case, NLRB v.… Continue Reading
The D.C. Circuit has just released its decision in Noel Canning v. NLRB, holding that the NLRB lacked a quorum to take action against the company. The Court of Appeals held, in a unanimous decision, that President Obama’s recess appointments to the NLRB were invalid because there was no “recess.” You can read the opinion here.… Continue Reading