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 appointments of three NLRB members as incompatible with the Recess Appointments Clause of the Constitution (the “RAC”), also cast a cloud over the validity of the contemporaneous recess appointment of Richard Cordray as CFPB Director.… 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

“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

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 organizations in the metropolitan Washington, D.C.… Continue Reading

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. … Continue Reading

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.… Continue Reading

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 and Sherrod Brown, were calling “on Republicans to end unprecedented obstruction and allow an up or down vote” on Mr.… Continue Reading

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. … Continue Reading

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 Mike Johanns, a Republican, on January 25 (the same day the Canning decision was issued) sent a letter to Mr.… Continue Reading