Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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D.C. federal court grants CFPB’s motion to dismiss in State National Bank of Big Spring

Yesterday, the CFPB’s motion to dismiss was granted in State National Bank of Big Spring, Texas, et al. v. Lew, et al., the case filed in federal district court in Washington, D.C. that included a challenge to President...more

8/6/2013 - CFPB Motion to Dismiss Political Appointments Recess Appointments Richard Cordray

Court set to rule on CFPB’s motion to dismiss in State National Bank of Big Spring

It looks like the court is finally set to rule on the CFPB’s motion to dismiss in State National Bank of Big Spring, Texas, et al. v. Lew, et al., the case still pending in federal district court in Washington, D.C. that...more

7/30/2013 - CFPB Motion to Dismiss Recess Appointments Richard Cordray UDAAP

New lawsuit challenging CFPB’s constitutionality filed

Constitutional challenges to the CFPB’s authority have not ended with Director Cordray’s confirmation last week as CFPB Director....more

7/23/2013 - CFPB Dodd-Frank Political Debates Recess Appointments Richard Cordray Separation of Powers

Briefing on cert petition completed in Noel Canning; case slated for Justices’ June 20 conference

The briefing on the NLRB’s petition for certiorari in Noel Canning was completed yesterday, with the filing by the NLRB of a brief replying to the respondent’s brief filed on May 23. ...more

6/7/2013 - Canning v NLRB Certiorari NLRB Pro Forma Sessions Recess Appointments SCOTUS

Update on cases challenging Cordray appointment

We have been following two federal court cases that involve challenges to Director Cordray’s appointment. The California case, CFPB v. Chance Edward Gordon, was filed in summer 2012 by the CFPB against an attorney and his law...more

5/30/2013 - Barack Obama Canning v NLRB CFPB Dodd-Frank Receivership Recess Appointments Richard Cordray

Republican Senators file amicus brief supporting certiorari in NLRB v. Noel Canning

Senate Republican Leader Mitch McConnell and his 44 Senate Republican colleagues have filed an amicus brief urging the U.S. Supreme Court to grant certiorari in NLRB v. Noel Canning....more

5/30/2013 - Barack Obama Canning v NLRB Certiorari Mitch McConnell NLRB Recess Appointments SCOTUS

Respondent files brief urging Supreme Court to grant certiorari in NLRB v. Noel Canning

We recently reported that counsel for the respondent in NLRB v. Noel Canning planned to make a filing advising the U.S. Supreme Court that the respondent did not oppose the NLRB’s petition for certiorari....more

5/29/2013 - Canning v NLRB Certiorari NLRB Recess Appointments SCOTUS

Tribal challenge made to Cordray appointment

According to a Bloomberg report, the Chippewa-Cree tribe in Montana, as grounds for objecting to a Civil Investigative Demand (CID) issued by the CFPB, has challenged the validity of Director Richard Cordray’s recess...more

5/29/2013 - CFPB CID Native American Issues Recess Appointments Richard Cordray Tribal Governments

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

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...more

5/17/2013 - Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray

Congressional Research Service issues two reports on Canning decision

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...more

4/10/2013 - Barack Obama Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray

Third Circuit hears oral argument in another NLRB case challenging recess appointments

“Can we duck the [recess appointments] issue?” That question was asked yesterday by one of the members of the three-judge panel hearing oral argument on the National Labor Relation Board’s application to enforce its order in...more

3/20/2013 - Barack Obama Canning v NLRB NLRB NLRB v New Vista Nursing Pro Forma Sessions Recess Appointments

CFPB files another motion to dismiss in D.C. case challenging Cordray appointment

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...more

3/5/2013 - CFPB Motion to Dismiss Recess Appointments Richard Cordray

Full U.S. Supreme Court rejects application challenging NLRB recess appointments

On Tuesday, we reported that attorneys for a Connecticut nursing home company were attempting to have an emergency application challenging the constitutionality of President Obama’s recess appointments to the National Labor...more

2/7/2013 - Barack Obama Canning v NLRB CFPB HealthBridge Management v. Kreisberg NLRB Nursing Homes Political Appointments Recess Appointments SCOTUS

Mortgage Banking Update - Febuary 06, 2013

In This Issue: - Settlement of Michigan Lending Discrimination Lawsuit Underscores Regulatory Focus on Equal Access to Credit - Industry Employers Should Prepare Now for Health Care Reform - Title...more

2/6/2013 - Affordable Care Act Agents Canning v NLRB CFPB Community State Bank Discrimination DOJ ECOA Employer Group Health Plans Equal Access to Credit FFIEC Healthcare Insurance Agents Negligence NLRB Pay or Play Race Discrimination Recess Appointments Richard Cordray Social Media Title Examination Title Insurance Underwriting

Application to U.S. Supreme Court challenging NLRB recess appointments rejected by Justice Ginsburg; referral to Justice Scalia...

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...more

2/5/2013 - Barack Obama HealthBridge Management v. Kreisberg Injunctions NLRB Nursing Homes Pro Forma Sessions Recess Appointments Reinstatement Strike

Let the political posturing begin!

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...more

2/1/2013 - Canning v NLRB CFPA CFPB Dodd-Frank Political Appointments Recess Appointments Richard Cordray

Seventh Circuit dismisses NLRB recess appointment challenge

Because of their potential implications for the validity of CFPB Director Cordray’s appointment, we have been following several pending cases challenging the National Labor Relations Board’s authority to take various actions...more

1/2/2013 - Barack Obama Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray Standing

Oral argument held in case challenging NLRB recess appointments

Yesterday, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Noel Canning v. National Labor Relations Board. The outcome in the case could have implications for the validity of CFPB Director Cordray’s...more

12/6/2012 - Barack Obama Canning v NLRB CFPB NLRB Recess Appointments Richard Cordray

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