State National Bank of Big Spring Texas v. Geithner

District Court Dismisses Case Challenging Constitutionality of Dodd-Frank for Lack of Standing

When the State National Bank of Big Spring case challenging the constitutionality of several titles of the Dodd-Frank Wall Street Reform & Consumer Protection Act (“Dodd-Frank”) was originally filed in June 2012, I immediately identified its vulnerability to a motion to dismiss for lack of standing.  Since then, the complaint was amended twice, and a... More >

The constitutionality of President Obama’s recess appointment of Richard Cordray as Director of the Consumer Financial Protection Bureau (“CFPB”) is being challenged in a lawsuit filed in the U.S. District Court for the District of Columbia this past June. As we wrote on January 28, 2013, the D.C. Circuit’s decision in Noel Canning v. NLRB,... Continue Reading
Monday Morning Regulatory Review – 2/25/13 Litigation over President Obama’s recess appointments took several additional steps last week and few significant rules were published.  One rule worth noting is a Department of Health and Human Services (HHS) follow-up final rule establishing standards for essential health benefits under the Patient Protection and Affordable Care Act.  Two Department of Labor cases also deserve... Continue Reading
Another case we have been following that includes a challenge to Director Cordray’s appointment is 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 of Treasury, Richard Cordray, and a number of other federal officials.  The original plaintiffs also included... More >