Barbara S. Mishkin

Barbara S. Mishkin

Ballard Spahr LLP

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No deference for CFPB amicus brief from Ninth Circuit

Many readers probably remember Edwards v. First American Financial Corp. for its ill-fated journey to the U.S. Supreme Court. The Supreme Court had granted certiorari to decide the issue of whether a plaintiff who brings a...more

8/28/2015 - Amicus Briefs Article III Certiorari CFPB Consumer Lenders Financial Services Industry Kickbacks Mortgage Brokers Mortgage Lenders Mortgages RESPA Safe Harbors SCOTUS Standing Statutory Damages Title Companies

Challenge to CFPB’s constitutionality reemerges

The issue of the CFPB’s constitutionality reemerged last week in court and Congress. On the judicial front, the U.S. Court of Appeals for the D.C. Circuit, in State National Bank of Big Spring, Texas, et al. v. Lew, et al.,...more

7/28/2015 - Banking Sector Banks Canning v NLRB CFPB Dodd-Frank Financial Institutions FSOC Motion to Dismiss Richard Cordray SCOTUS Standing Title II

CFPB files amicus brief in U.S. Supreme Court ECOA case

The CFPB, together with the Solicitor General, has submitted an amicus brief in Hawkins v. Community Bank of Raymore, the case in which the question before the U.S. Supreme Court is whether the Equal Credit Opportunity Act...more

6/12/2015 - CFPB Commercial Loans ECOA Guarantors Hawkins v Community Bank of Raymore Real Estate Development SCOTUS

Supreme Court takes case on statutory damages recovery even without any actual harm

The U.S. Supreme Court agreed yesterday to hear an important case that will decide whether a plaintiff who cannot show any actual harm from a violation of the Fair Credit Reporting Act nevertheless has standing under Article...more

4/29/2015 - Article III FCRA Federal Jurisdiction Imminent Harm SCOTUS Spokeo v Robins Standing Statutory Damages

Letter from leading Republicans to Director Cordray questions pre-confirmation actions

Following up on his earlier statement about the impact of the Supreme Court’s decision in NLRB v. Noel Canning on Richard Cordray’s actions taken prior to his July 16, 2013 confirmation by the Senate as CFPB Director,...more

7/31/2014 - Canning v NLRB Dodd-Frank NLRB Recess Appointments Richard Cordray SCOTUS Title X

Update on certiorari petition in Texas FHA case

As we reported, the petition for certiorari filed in May 2014 by the Texas Department of Housing and Community Affairs (Texas DHCA) in Inclusive Communities Project v. Texas Dep’t of Housing and Community Affairs could give...more

7/29/2014 - Certiorari Disparate Impact Fair Housing Fair Housing Act SCOTUS

Another Supreme Court disparate impact case?

The U.S. Supreme Court could have its third opportunity since 2012 to provide clarity with respect to disparate impact claims under the Fair Housing Act and (by analogy) the Equal Credit Opportunity Act. After losing on...more

6/11/2014 - Disparate Impact ECOA Fair Housing Act HUD NAACP SCOTUS

U.S. Supreme Court denies certiorari in EFTA standing case

We have previously written about Charvat v. Mutual First Federal Credit Union, the case in which the Eighth Circuit held last year that denial of a statutory right is a sufficient injury to confer standing, even if the injury...more

3/20/2014 - EFTA SCOTUS Standing

Mount Holly settlement approved; dismissal of U.S. Supreme Court appeal to follow

As expected, the Mount Holly town council voted last night to approve the settlement in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. Coming just three weeks before the U.S. Supreme Court oral argument...more

11/14/2013 - ECOA Fair Housing Act HUD Mount Holly v Mt. Holly Citizens in Action SCOTUS

Mount Holly case draws numerous amicus briefs supporting Township’s position

Thirteen amicus briefs have been filed in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc., the case pending in the U.S. Supreme Court in which the question presented is whether disparate impact claims...more

9/10/2013 - American Bankers Association Disparate Impact Fair Housing Act Mount Holly v Mt. Holly Citizens in Action Racial Discrimination SCOTUS

Township of Mount Holly files opening brief in Supreme Court

Despite the pending settlement discussions, the Township of Mount Holly has filed its opening brief in the U.S. Supreme Court. The question presented in Township of Mount Holly v. Mt. Holly Gardens Citizens in Action, Inc. is...more

8/28/2013 - Chevron Deference Discrimination Disparate Impact Fair Housing Act HUD Mount Holly Mount Holly v Mt. Holly Citizens in Action Redevelopment SCOTUS

HUD seeks stay of disparate impact suit

When we wrote about the lawsuit filed on June 26, 2013 against HUD by two insurance industry trade groups challenging HUD’s final rule formalizing its use of disparate impact liability under the Fair Housing Act (FHA), we...more

8/20/2013 - Disparate Impact FHA HUD Insurers Mount Holly v Mt. Holly Citizens in Action SCOTUS

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

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

Mortgage Banking Update - March 21, 2013

In This Issue: - Uniform State Test Implementation Nearing - Mortgage Servicer's Alleged Failure To Be Licensed Subjects Company to Claims under State and Federal Debt Collection Statutes - Sixth Circuit...more

3/21/2013 - Amount in Controversy CAFA Class Action Data Protection Debt Collection FDCPA Foreclosure FTC HOA Licenses Liens Mobile Payments Mortgages Privity of Contract Res Judicata Robo-Signing SCOTUS Uniform State Test

Supreme Court rejects CFPB position in FDCPA case

A prevailing defendant in a Fair Debt Collection Practices Act case can recover costs even without a court finding that the plaintiff filed suit in bad faith and for the purpose of harassment, the U.S. Supreme Court has ruled...more

3/4/2013 - Bad Faith CFPB DOJ FDCPA FTC SCOTUS

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

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