New Jersey Appellate Court Holds Retirement Community Law Violates FHA
Last month, a three-judge New Jersey Appellate Division panel upheld a ruling that found that the New Jersey Township of Berkeley’s municipal ordinance No. 22-13-OA,... Read More
Litigation Developments
FTC Ban on Non-Competes Upheld in Federal Court
A federal court in the Eastern District of Pennsylvania recently denied a private plaintiff-company’s attempt to block the FTC’s ban on employee non-compete agreements. The... Read More
9th Circuit Sides with Account Holder in ATM Fee Case
The Ninth Circuit Court of Appeals recently sided with an account holder suing her bank for charging double fees on balance inquiries at out-of-network ATMs:... Read More
5th Circuit Rules FCC’s Universal Service Fund Is an Unconstitutional Tax
The Fifth Circuit Court of Appeals recently held that the FCC’s universal service fund (USF), a broadband subsidy, violates Article I of the Constitution, which... Read More
OCC Penalizes Bank for Violations of Prior Cease and Desist Order
The Office of the Comptroller of the Currency (OCC) amended a prior consent order and issued significant civil money penalties against a large national bank... Read More
7th Circuit Reverses Dismissal of Townstone Case, Renewing CFPB’s Attempt to Expand ECOA to Prospective Applicants
A three-judge panel for the Seventh Circuit Court of Appeals recently overturned a district court’s dismissal of a CFPB action against a nonbank lender, Townstone... Read More
CA Association of Realtors Revises Forms Following DOJ Inquiry
Last week, the California Association of Realtors (C.A.R.) announced revised standard forms in light of the recent National Association of Realtors (NAR) settlement, and following... Read More
U.S. Supreme Court Expands Ability to Challenge Government Regulations
Earlier this month, the U.S. Supreme Court reinstated a 2021 complaint against the Federal Reserve Board that had been dismissed as time-barred under the Administrative... Read More
U.S. Supreme Court Overrules Chevron Deference to Agency Interpretations
The U.S. Supreme Court recently overruled a 1984 Supreme Court decision that had required courts to defer to permissible agency interpretations when analyzing ambiguous statutes. ... Read More
Supreme Court Rules that the SEC Cannot Bring Fraud Claims with Civil Money Penalties in Administrative Enforcement Actions
The Supreme Court recently ruled in SEC v. Jarkesy, et al., that the SEC cannot bring an administrative enforcement action when seeking civil money penalties... Read More
District Court Sides with Banks in Colorado Interest Rate Cap Dispute
The U.S. District Court for the District of Colorado recently granted a preliminary injunction against Colorado officials sought by trade groups consisting of members that... Read More
Supreme Court Unanimously Rejects Competing Bright Line Standards for National Bank Act Preemption, Remands for “Nuanced Comparative Analysis”
The Supreme Court’s recent decision in Cantero clarified that in determining whether a non-discriminatory state law “significantly interfere[s] with [a] national bank’s exercise of its... Read More
Industry News, including Federal Regulatory Developments, State Regulatory Developments and Litigation Developments, is for general information purposes only and is not in any way intended, nor shall it be construed, as legal advice, legal opinion or any other advice on any specific facts or circumstances. No person or entity (“Person”) should act or refrain from acting upon this information without seeking professional advice. No Person may rely on this information or its applicability to any specific circumstances. The information in Industry News, including Federal Regulatory Developments, State Regulatory Developments and Litigation Developments, is in no instance to be taken as an indication of completeness, applicability to a particular situation, or an indication of future developments or results.