The American Banker’s Kate Berry reports on the DOJ reply in the DC Circuit Court of Appeals appeal from Judge Jackson’s preliminary injunction ordering that the CFPB stay open. Here’s a quote: “Once agency leadership recognized that employees had inferred the agency was winding down, it acted to dispel that misimpression,” the DOJ said, contradicting […]
Author Archives: Jeff Sovern
So reports The Verge.
By Jon Hill, here. The DC Circuit Court of Appeals issued an administrative stay and explained “The purpose of this administrative stay is to give the court sufficient opportunity to consider the emergency motion for stay pending appeal and should not be construed in any way as a ruling on the merits of that motion.” […]
The Senate Banking Committee held a hearing on CFPB-Director nominee Jonathan McKernan and three nominees for other agencies back on February 27 and voted to confirm them all at the same session, back on March 6. The full Senate confirmed the other three on March 12 and March 13. Yet the full Senate has not […]
In the American Banker. The oral argument will take place on April 9 before Judge Pillard, an Obama appointee and two Trump appointees: Judges Katsas and Rao.
Some remarkable statements in the opinion (this is all I have time for now):. Judge Jackson wrote of the CFPB’s employee testifying for the agency: “He had the demeanor of an abused wife brought to court by her husband to drop the charges.” “The testimony and the contemporaneous documents suggest that those last minute communications […]
So reports Law360s’s Bryan Koenig. The complaint alleges violations of the FTC Act, Administrative Procedure Act, among other theories, and seeks mandamus and an injunction.
Here. Oral openers by the industry witnesses call for the CFPB to become a bipartisan commission without noting that Trump has fired the Democratic FTC commissioners, so that bipartisan really means one party. Meanwhile, former CFPB General Counsel Seth Frotman’s oral opening statement was terrific. His written testimony is here. Here’s an excerpt (footnotes omitted): […]
Stephen Calkins of Wayne State writes: The FTC is down to two commissioners. Both of them recused themselves for unstated reasons when the agency filed an administrative complaint, In re Caremark Rx, Dkt. 9437. THERE IS CURRENTLY PENDING BEFORE THE COMMISSION –NOT THE ALJ – A MOTION TO POSTPONE THE TRIAL DATE (currently the end […]
Stephen Calkins of Wayne State, who formerly served as FTC General Counsel, has pointed out that when the FTC has only two commissioners, two is a quorum for FTC action under the regs: 4.14 Conduct of business. (a) Matters before the Commission for consideration may be resolved either at a meeting under § […]