On this coming Thursday, July 11, from Noon until 1 pm, ET, we will be holding a Webinar Roundtable about the Supreme Court’s recent opinion on May 30, in which a unanimous Supreme Court reversed and remanded the Cantero v. Bank of America case to the Second Circuit. This is a case of extraordinary importance to national banks and non-banks that partner with them where the objective, at least in part, is to take advantage of a national bank’s preemption of state law.… Continue Reading
Supreme Court
Supreme Court opens the door for more APA challenges by ruling that the right of action accrues when the rule first causes injury
On July 1, 2024, the Supreme Court issued its opinion in Corner Post, Inc. v Board of Governors of the Federal Reserve System in which the Court determined when a Section 702 claim under the Administrative Procedure Act (APA) to challenge a final agency action first accrues. In a 6-3 Opinion, the Supreme Court sided with Corner Post in holding that a right of action first accrues when the plaintiff has the right to assert it in court—and in the case of the APA, that is when the plaintiff is injured by final agency action.… Continue Reading
The Supreme Court’s Overruling of Chevron is a Sea Change
On August 6, 2024, we will be holding a 90 minute webinar roundtable featuring 3 administrative law professors who are among the country’s leading experts on the Chevron Deference Doctrine. To register, click here.
We already have published a short blog about the Supreme Court’s opinion issued on Friday, July 28 in Loper Bright Enterprises et al v.… Continue Reading
Supreme Court Overturns Chevron Deference Doctrine
By Alan S. Kaplinsky, Joseph J. Schuster, John L. Culhane, Jr., Burt M. Rublin & Ballard CFS Group on
Posted in Federal Agencies, Litigation and Court Decisions
The U.S. Supreme Court on Friday overturned the long-standing Chevron Deference Doctrine, saying that judges—not federal agencies—should interpret federal laws.
In a 6-3 decision in two marine fishery cases, the court drastically shifted the balance of power in the federal government, saying that the Administrative Procedure Act (APA) gives judges the power, not agencies, to interpret statutes.… Continue Reading
Supreme Court punts another NBA preemption case; this time to the Ninth Circuit
By Kristen E. Larson & Alan S. Kaplinsky on
Posted in Litigation and Court Decisions, Preemption
On June 10, 2024, the Supreme Court granted the petition for a writ of certiorari and issued a summary disposition in Flagstar Bank, N.A. v. Kivett. The Supreme Court vacated the judgment and remanded the case to the Ninth Circuit for further consideration in light of the court’s recent decision in Cantero v.… Continue Reading
Supreme Court punts the NBA preemption analysis back to the Second Circuit
On May 30, 2024, in a unanimous decision, the Supreme Court reversed Cantero v. Bank of America, N.A., and remanded it back to the Second Circuit and instructed the appellate court to analyze whether New York’s law requiring interest to be paid on mortgage escrow accounts is preempted under the Dodd-Frank Act by applying the Barnett Bank standard.… Continue Reading
Supreme Court Grants Cert for Interest-on-Escrow Preemption Case
By Reid F. Herlihy on
The U.S. Supreme Court recently granted certiorari to hear the Second Circuit case of Cantero et al. v. Bank of America, N.A., involving National Bank Act (NBA) preemption of New York’s law requiring that interest be paid to consumers on mortgage escrow account funds. The decision would address a split between the Second and Ninth Circuits on the topic of NBA preemption of state “interest-on-escrow” laws.… Continue Reading
SCOTUS to Determine When Clock Starts under APA’s Statute of Limitations
Last Friday, the U.S. Supreme Court agreed to decide when a right of action first accrues for an Administrative Procedure Act (APA) challenge to a final rule issued by a federal agency—when the final rule is issued or when the rule first causes injury.
In April 2021, the North Dakota Retail Association, North Dakota Petroleum Marketers Association and Corner Post, Inc.… Continue Reading
Ballard Spahr to hold webinar on: How the U. S. Supreme Court’s Decision in College Admissions Could Impact Diversity, Equity & Inclusion Programs in Financial Institutions
By Alan S. Kaplinsky on
Tomorrow at Noon, ET, three of my colleagues at Ballard Spahr will be presenting a webinar entitled: “How the U.S. Supreme Court’s Decision in College Admissions Could Impact Diversity, Equity & Inclusion Programs in Financial Institutions.” Register here.
The invite for the program, in relevant part, described the program as follows:
In the weeks since the U.S.… Continue Reading
Supreme Court hears arguments over jurisdiction for constitutional challenges to FTC’s enforcement authority
By Brian Turetsky on
Posted in FTC, Litigation and Court Decisions
The Supreme Court heard arguments yesterday in Axon Enterprise v. Federal Trade Commission (No. 21-86), as to whether federal courts can hear a challenge to the FTC’s constitutionality by a party in an administrative proceeding before the agency has issued a final order. The Court also heard arguments in a similar case, Securities and Exchange Commission v.… Continue Reading