As reported in last week’s news flash, the Solicitor General (S.G.), as expected, has, on behalf of the NLRB, filed in the Supreme Court a petition for a writ of certiorari to the D.C. Circuit in the Noel Canning case. As we have noted previously, the Noel Canning decision, which invalidated the recess
recess appointment
NEWS FLASH: Government seeks Supreme Court review of D.C. Circuit’s Noel Canning decision
By Keith R. Fisher on
Posted in CFPB People, Regulatory and Enforcement
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…
Third Circuit hears oral argument in another NLRB case challenging recess appointments
By Barbara S. Mishkin on
Posted in CFPB General, Regulatory and Enforcement
“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. NLRB case decided…
DOJ fights back on recess appointments in Third Circuit
By Keith R. Fisher on
Posted in CFPB General, Regulatory and Enforcement
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. New…
CFPB files another motion to dismiss in D.C. case challenging Cordray appointment
By Barbara S. Mishkin on
Posted in CFPB General, Regulatory and Enforcement
Because it includes a challenge to Director Cordray’s appointment, we continue to follow the case filed this past June in federal court in Washington, D.C. by State National Bank of Big Spring against the CFPB, the Department of Treasury, Richard Cordray, and a number of other federal officials. The original plaintiffs also included two non-profit…
Request filed to add more state AG plaintiffs in DC case challenging Director Cordray’s appointment
By Barbara S. Mishkin on
Posted in CFPB General, Regulatory and Enforcement
Another case we have been following that includes a challenge to Director Cordray’s appointment is the case filed this past June in federal court in Washington, D.C. by
State National Bank of Big Spring against the CFPB, the Department of Treasury, Richard Cordray, and a number of other federal officials. The original plaintiffs also…
Update on CA case challenging Mr. Cordray’s appointment
By Alan S. Kaplinsky on
Posted in CFPB General, Regulatory and Enforcement
We have been following the case filed this past summer by the CFPB in a California federal court against an attorney and his law firm that offered mortgage assistance relief services to consumers. In CFPB v. Chance Edward Gordon, the CFPB obtained a preliminary injunction freezing the law firm’s assets and appointing a receiver.…
The political posturing continues….
By Alan S. Kaplinsky on
Posted in CFPB People, Regulatory and Enforcement
President Obama’s renomination of Richard Cordray to serve as CFPB Director is now official. On February 13, the White House announced that his nomination was sent to the Senate.
The official announcement (predictably) coincided with a press release on the same day from Senator Elizabeth Warren stating that she, together with Democratic Senators Jack Reed…
Application to U.S. Supreme Court challenging NLRB recess appointments rejected by Justice Ginsburg; referral to Justice Scalia sought
By Barbara S. Mishkin on
Posted in CFPB General, Regulatory and Enforcement
Attorneys for a Connecticut nursing home company are attempting to have an application challenging the constitutionality of President Obama’s recess appointments to the National Labor Relations Board referred to Justice Scalia after it was rejected yesterday by Justice Ginsburg, acting in her capacity as the Circuit Justice for the Second Circuit.
In HealthBridge Management…
Let the political posturing begin!
By Barbara S. Mishkin on
Posted in CFPB People, Regulatory and Enforcement
Predictably, political posturing in reaction to the D.C. Circuit’s Canning decision has already begun. According to media reports, South Dakota Senator Tim Johnson, a Democrat who heads the Senate Banking Committee, is calling upon the Senate to confirm Richard Cordray as CFPB Director without delay. On the other side of the aisle, Nebraska Senator…