News & Analysis as of

Interlocutory Appeals Constitutional Challenges

Cranfill Sumner LLP

Certiorari Crossroads: Navigating Appeals and Dissents in Cryan v. National Council of YMCAs

Cranfill Sumner LLP on

In Cryan v. National Cryan v. National Council of YMCAs of the U.S., the North Carolina Supreme Court gave a refresher on certiorari review and appeals from a dissent....more

Ballard Spahr LLP

Delaware federal district court certifies questions regarding CFPB’s enforcement authority and constitutionality to Third Circuit...

Ballard Spahr LLP on

In CFPB v. National Collegiate Master Student Loan Trust et al., the district court rejected the Trusts’ arguments that they were not “covered persons” under the CFPA and that because the enforcement action was filed by an...more

Fox Rothschild LLP

Appellate Grab Bag: En Banc, Appellate Sanctions, And Certiorari

Fox Rothschild LLP on

This week’s batch of opinions from the Court of Appeals had several appellate issues worth a mention. First, the en banc saga comes to a close. As you’ll recall, the Court of Appeals had granted its first ever en banc...more

Ballard Spahr LLP

All American Check Cashing files supplemental en banc brief with Fifth Circuit

Ballard Spahr LLP on

In March 2020, the Fifth Circuit, on its own motion, entered an order vacating the panel’s ruling in All American Check Cashing that the CFPB’s structure was constitutional and granting rehearing en banc. On June 30, the...more

Ballard Spahr LLP

CFPB files opposition to All American Check Cashing’s cert petition; All American replies

Ballard Spahr LLP on

Although the CFPB now agrees that its structure is unconstitutional, it has filed a brief opposing the Petition for a Writ of Certiorari Before Judgment filed by All American Check Cashing with the U.S. Supreme Court.  All...more

Ballard Spahr LLP

Fifth Circuit clarifies scope of Dec. 4 oral argument in All American Check Cashing

Ballard Spahr LLP on

With the Fifth Circuit having already heard oral argument in March 2019 in All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality, it is not surprising that...more

Ballard Spahr LLP

Fifth Circuit sets Dec. 4 oral argument date in All American Check Cashing

Ballard Spahr LLP on

All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality has been calendared for oral argument before a Fifth Circuit panel on December 4, 2019....more

Ballard Spahr LLP

No order from SCOTUS on Seila Law cert petition

Ballard Spahr LLP on

Although the Seila Law docket indicated that the briefs on Seila Law’s petition for certiorari were distributed for the U.S. Supreme Court’s October 11 conference, no order on the petition was among the orders issued by the...more

Ballard Spahr LLP

All American Check Cashing and CFPB submit letter briefs to Fifth Circuit

Ballard Spahr LLP on

All American Check Cashing and the CFPB have submitted letter briefs to the Fifth Circuit regarding what action the court should take in light of the en banc Fifth Circuit’s decision in Collins v. Mnuchin that held the FHFA’s...more

Ballard Spahr LLP

Fifth Circuit panel in All American Check Cashing asks parties to brief impact of en banc Fifth Circuit decision holding FHFA...

Ballard Spahr LLP on

The issue of the CFPB’s constitutionality is currently before the Fifth Circuit in the interlocutory appeal of All American Check Cashing from the district court’s ruling upholding the CFPB’s constitutionality.  Oral argument...more

Ballard Spahr LLP

En banc Fifth Circuit decision holding FHFA structure unconstitutional could presage similar fate for CFPB and circuit split

Ballard Spahr LLP on

The en banc Fifth Circuit has ruled in Collins v. Mnuchin that the FHFA is unconstitutionally structured because it is excessively insulated from Executive Branch oversight and that the appropriate remedy for the...more

Ballard Spahr LLP

Fifth Circuit hears oral argument in All American Check Cashing

Ballard Spahr LLP on

On March 12, the U.S. Court of Appeals for the Fifth Circuit heard oral argument in All American Check Cashing’s interlocutory appeal from the district court’s ruling upholding the CFPB’s constitutionality....more

Ballard Spahr LLP

All American Check Cashing files reply brief in Fifth Circuit interlocutory appeal

Ballard Spahr LLP on

All American Check Cashing has filed its reply brief in its interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit from the district court’s ruling upholding the CFPB’s constitutionality....more

Ballard Spahr LLP

CFPB files opposition brief in Fifth Circuit interlocutory appeal of All American Check Cashing

Ballard Spahr LLP on

The CFPB has filed its opposition brief in the interlocutory appeal of All American Check Cashing to the U.S. Court of Appeals for the Fifth Circuit from the district court’s ruling upholding the CFPB’s constitutionality....more

Ballard Spahr LLP

Petitions for rehearing en banc filed in Fifth Circuit case finding FHFA is unconstitutionally structured

Ballard Spahr LLP on

In July 2018, in Collins v. Mnuchin, a Fifth Circuit panel found that the Federal Housing Finance Agency (FHFA) is unconstitutionally structured because it is excessively insulated from Executive Branch oversight.  ...more

Ballard Spahr LLP

NYAG asks Judge Preska to clarify order granting CFPB’s request for entry of Rule 54(b) judgment in RD Legal Funding case

Ballard Spahr LLP on

The New York Attorney General has sent a letter to Judge Preska asking her to clarify her August 23 order granting the CFPB’s request for entry of a Rule 54(b) judgment so that it can appeal her June 21 constitutionality...more

Ballard Spahr LLP

Court grants CFPB’s request for entry of Rule 54(b) judgment in RD Legal Funding case to allow appeal of constitutionality ruling

Ballard Spahr LLP on

Judge Preska has entered an order granting the CFPB’s request for entry of a Rule 54(b) judgment to allow the CFPB to appeal her June 21 constitutionality ruling to the Second Circuit....more

Ballard Spahr LLP

RD Legal Funding asks Judge Preska to stay NYAG’s claims pending CFPB’s appeal from Rule 54(b) judgment

Ballard Spahr LLP on

RD Legal Funding has submitted a letter to Judge Preska indicating that it does not oppose her entry of a Rule 54(b) judgment to allow the CFPB to appeal her June 21 constitutionality ruling to the Second Circuit but renews...more

Ballard Spahr LLP

All American Check Cashing seeks initial en banc hearing in Fifth Circuit

Ballard Spahr LLP on

All American Check Cashing has filed an Unopposed Petition for Initial Hearing En Banc in which it asks the Fifth Circuit to hear its interlocutory appeal as an initial matter en banc.  The petition states that it is not...more

Ballard Spahr LLP

Fifth amicus brief filed in support of All American Check Cashing

Ballard Spahr LLP on

A fifth amicus brief has been filed in support of All American Check Cashing and the other appellants in their interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit of the district court’s ruling upholding...more

Ballard Spahr LLP

More amicus briefs filed in support of All American Check Cashing

Ballard Spahr LLP on

Three more amicus briefs have been filed in support of All American Check Cashing and the other appellants in their interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit of the district court’s ruling...more

Ballard Spahr LLP

All American Check Cashing and amici file briefs in Fifth Circuit interlocutory appeal

Ballard Spahr LLP on

All American Check Cashing and the other appellants have filed their principal brief in their interlocutory appeal to the U.S. Court of Appeals for the Fifth Circuit of the district court’s ruling upholding the CFPB’s...more

Ballard Spahr LLP

Fifth Circuit agrees to hear challenge to CFPB’s constitutionality

Ballard Spahr LLP on

The U.S. Court of Appeals for the Fifth Circuit has agreed to hear an interlocutory appeal challenging the CFPB’s constitutionality requested by the defendants in a lawsuit filed by the CFPB in 2016 that alleges the...more

23 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide