News & Analysis as of

Political Appointments Canning v NLRB

Williams Mullen

No Recess: Supreme Court Decision Invalidates Three 2012 NLRB Appointments and Narrows President’s Recess Appointment Powers

Williams Mullen on

On June 26, 2014, the United States Supreme Court ruled that President Obama’s purported “recess” appointments of three National Labor Relations Board members was an invalid exercise of executive power. The decision has...more

Laner Muchin, Ltd.

Senate Confirms President Obama's NLRB Nominees, But This Development Is Unlikely To Render Noel Canning Moot

Laner Muchin, Ltd. on

As part of a deal to avoid changes to its filibuster rules, the Senate last week confirmed President Obama’s nominees to the National Labor Relations Board (NLRB). ...more

Proskauer - Labor Relations

What’s Happens Now?

How will the deal reached in the Senate regarding NLRB nominations impact the recess appointment dispute in the Noel Canning case pending at the U.S. Supreme Court, and the many other cases presenting the issue pending in the...more

Sherman & Howard L.L.C.

Supreme Court To Take Up Noel Canning

On June 24, 2013, the Supreme Court took a major step toward resolving one of the hottest issues in labor law today - the legality of the NLRB's actions and decisions in light of certain questionable appointments to the NLRB...more

Ballard Spahr LLP

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

Ballard Spahr LLP on

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

Hinshaw & Culbertson LLP

Senator Introduces Bill To Freeze NLRB Decisions

Hundreds of National Labor Relations Board (“NLRB”) actions, many of which make it easier for workers to unionize, would be frozen or invalidated under legislation proposed this week by Sen. John Barrasso (R-Wy)....more

Ballard Spahr LLP

No takers for CFPB Deputy Director

Ballard Spahr LLP on

It is not surprising to me that Director (yes, he is still the Director until a court rules otherwise) Cordray has had difficulty finding a Deputy Director to fill Raj Date’s position....more

BakerHostetler

Noel Canning v. NLRB: The Decision, Its Potential Impact, and the Future of the National Labor Relations Board

BakerHostetler on

On Friday, January 25, 2013, we informed you that the federal circuit court of appeals in Washington D.C. had struck down President Obama's "recess appointments" of three National Labor Relations Board (NLRB or Board) members...more

Ballard Spahr LLP

Let the political posturing begin!

Ballard Spahr LLP on

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

Morrison & Foerster LLP

D.C. Circuit Hands the CFPB a Setback?

At the end of last week, the U.S. Court of Appeals for the District of Columbia Circuit issued its decision in Noel Canning v. National Labor Relations Board, holding that President Obama’s recess appointments to the National...more

Saul Ewing Arnstein & Lehr LLP

Appellate Court holds NLRB Recess Appointments unconstitutional; status of hundreds of NLRB rulings in doubt

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama's January 2012 "recess" appointments to the National Labor Relations Board ("Board" or "NLRB") were unconstitutional because the...more

Morgan Lewis

D.C. Circuit Rules NLRB Recess Appointments Unconstitutional

Morgan Lewis on

The ruling places in substantial doubt the validity of any NLRB decision or action since January 4, 2012, and calls into question the scope of the president's recess appointment power more generally. On January 25, in...more

Ballard Spahr LLP

D.C. Circuit NLRB Decision Casts Doubt on Validity of Cordray Appointment

Ballard Spahr LLP on

The validity of President Obama’s January 2012 recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau is now under a dark cloud as a result of the decision by the U.S. Court of Appeals...more

Proskauer Rose LLP

Court’s Ruling That NLRB Appointments Were Invalid Introduces Uncertainty Going Forward

Proskauer Rose LLP on

The United States Court of Appeals for the District of Columbia Circuit has issued a decision invalidating the President's January 4, 2012 recess appointments to the National Labor Relations Board ("NLRB" or "Board")....more

Foley & Lardner LLP

CFPB Powers Could Be Invalidated Following Ruling on NLRB Recess Appointments

Foley & Lardner LLP on

On January 25, 2013, the U.S. Court of Appeals for the D.C. Circuit ruled that President Obama’s purported “recess appointments” to the NLRB last year are constitutionally invalid....more

Ballard Spahr LLP

Keeping a stiff upper lip is no answer here!

Ballard Spahr LLP on

While the CFPB has not yet issued a formal written statement about the impact of the D.C. Circuit’s recent opinion in Canning v. NLRB on the Bureau, the Wall Street Journal reported in its weekend edition that a CFPB...more

Ervin Cohen & Jessup LLP

Obama: “Oops, My Bad!”

If you have attended any of our recent seminars (and if not, why not?) or read a fair portion of our articles and blog postings, then you know that the National Labor Relations Board (NLRB) has been on the warpath lately. ...more

Foley & Lardner LLP

Breaking News: Recess Appointments to NLRB Are Unconstitutional, Invalidating Board Decisions

Foley & Lardner LLP on

In a high-profile and much anticipated decision, the Court of Appeals for the D.C. Circuit has ruled today that President Obama’s purported NLRB “recess appointments” in January 2012 are constitutionally invalid....more

Ballard Spahr LLP

D.C. Court of Appeals may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

Ballard Spahr LLP on

Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled...more

Proskauer - Labor Relations

Oral Arguments Heard Over Validity Of Recess Appoints Of NLRB Members

In a standing-room only courtroom in Washington, D.C., the U.S. Court of Appeals for the D.C. Circuit became the second appeals court in the last week to hear oral arguments on the validity and constitutionality of the...more

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