Litigation and Court Decisions

Subscribe to Litigation and Court Decisions via RSS

As we have previously reported, the en banc Tenth Circuit granting rehearing in National Association of Industrial Bankers v. Weiser, the closely watched case involving Colorado’s attempt to use Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”) to prevent out-of-state state-chartered banks from exporting their home-state interest rates to Colorado borrowers.… Continue Reading

Another amicus brief has been filed in the Tenth Circuit’s en banc consideration of NAIB v. Weiser, this time by two prominent consumer advocacy organizations: the Center for Responsible Lending (CRL) and the National Consumer Law Center (NCLC). The brief supports the Colorado Attorney General’s interpretation of Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA), arguing that when a state opts out of Section 521, it may apply its usury laws to loans made by out-of-state state-chartered banks to borrowers residing in the opt-out state.… Continue Reading

On July 15, 2026, former Federal Deposit Insurance Corporation (FDIC) Chairman Martin J. Gruenberg and former Consumer Financial Protection Bureau Director and FDIC Board Member Richard Cordray filed an amicus brief supporting Colorado in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers v.… Continue Reading

On July 13, 2026, the attorneys general of California, Connecticut, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, New York, Washington, and the District of Columbia filed an amicus brief in support of Colorado in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers, et al.… Continue Reading

On July 15, 2026, former Iowa Attorney General Thomas J. Miller filed an amicus brief supporting Colorado in the en banc proceedings before the U.S. Court of Appeals for the Tenth Circuit in National Association of Industrial Bankers, et al. v. Weiser. Unlike the other amicus briefs filed in support of Colorado, Miller’s submission is unique because it is based not on academic research, economic analysis, or general principles of statutory interpretation, but on his personal experience administering Iowa’s consumer credit laws from the time the Depository Institutions Deregulation and Monetary Control Act of 1980 (“DIDMCA”) was enacted in 1980 through more than four decades thereafter.… Continue Reading

On July 13, 2026, we reported that the National Association of Industrial Bankers (NAIB), the Online Lenders Alliance (OLA), and the American Financial Services Association (AFSA), represented by Ballard Spahr, had filed a motion for a preliminary injunction on July 9, 2026 seeking to prevent Oregon officials from enforcing Oregon’s recently enacted DIDMCA opt-out law while the litigation proceeds.… Continue Reading

In a noteworthy development in the ongoing litigation challenging the Trump Administration’s efforts to dramatically reduce the Consumer Financial Protection Bureau’s workforce, the CFPB and the National Treasury Employees Union (NTEU) have jointly asked the U.S. District Court for the District of Columbia to temporarily stay proceedings concerning the Bureau’s proposed 2026 reduction-in-force (RIF) plan.… Continue Reading

The National Association of Industrial Bankers (NAIB), the Online Lenders Alliance (OLA), and the American Financial Services Association (AFSA) have moved for a preliminary injunction to block enforcement of a recently enacted Oregon law that seeks to impose Oregon’s 36% interest-rate cap on consumer finance loans made by out-of-state state-chartered banks in their home states to Oregon residents.… Continue Reading

Colorado has filed its supplemental en banc brief in National Association of Industrial Bankers, et al. v. Weiser, urging the U.S. Court of Appeals for the Tenth Circuit to affirm the now-vacated panel majority’s interpretation of Section 525 of the Depository Institutions Deregulation and Monetary Control Act of 1980 (DIDMCA).… Continue Reading

North Carolina has become the first state in the nation to enact a comprehensive prohibition on third-party litigation financing in civil cases. Governor Josh Stein signed House Bill 315, now Session Law 2026-14, titled the “Prohibit Litigation Investments Act” on June 22, 2026, at which point it took effect. It applies to civil proceedings commenced on or after June 22, 2026 or litigation funding contracts entered into, renewed or amended on or after June 22, 2026.… Continue Reading