May 17, 2024
In the year since the U.S. Supreme Court said "extraordinary" and "far-reaching" attacks on administrative enforcers can skip agency tribunals and go straight to federal district court, ambitious challenges to regulatory powers are rapidly gaining traction, and the high court is poised to put them on an even firmer footing.
July 06, 2023
A Texas federal judge rejected most of the Federal Deposit Insurance Corp.'s arguments for dismissing a constitutional challenge brought by a former bank executive facing enforcement proceedings from the agency, deferring a decision only on whether the court has jurisdiction at this point to hear the challenge.
June 30, 2023
A Texas federal judge said he would table a former bank executive's bid for a more expansive injunction against a Federal Deposit Insurance Corp. enforcement action, deferring to pending Fifth Circuit appeals that revolve around the constitutionality of the agency and its use of in-house courts.
January 05, 2023
The Federal Deposit Insurance Corp. is calling for a Texas federal judge to dismiss a former bank CEO's constitutional challenge to administrative proceedings against him, doubling down on its position that the now-stayed enforcement action should be freed from the executive's "collateral attack."