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Tag Archives: NLRB

NEWS FLASH: Third Circuit agrees with D.C. Circuit reading of Recess Appointments Clause

Posted in CFPB General

The dark cloud that has been hanging over CFPB Director Richard Cordray’s recess appointment just got darker.  In a 2-1 decision in NLRB v. New Vista Nursing and Rehabilitation, the U.S. Court of Appeals for the Third Circuit ruled today that, under the U.S. Constitution’s Recess Appointments Clause (RAC), the President may only make recess… More >

Third Circuit hears oral argument in another NLRB case challenging recess appointments

Posted in CFPB General

“Can we duck the [recess appointments] issue?”  That question was asked yesterday by one of the members of the Third Circuit three-judge panel hearing oral argument on the National Labor Relation Board’s application to enforce its order in NLRB v. New Vista Nursing. New Vista, like the Noel Canning v. NLRB case decided in January… More >

D.C. Circuit NLRB decision casts doubt on validity of Cordray appointment

Posted in CFPB People

Five-time “Jeopardy!” champion Richard Cordray is now facing a different kind of jeopardy.   The validity of his recess appointment on January 4, 2012 as CFPB Director is under a dark cloud as a result of last Friday’s  decision by the U.S. Court of Appeals for the D.C. Circuit holding that the President’s contemporaneous recess appointments of… More >

D.C. Circuit may soon invalidate President Obama’s NLRB recess appointments: implications for CFPB

Posted in CFPB General

Earlier today, we reported on the panel discussion of the lawsuit filed by State National Bank of Big Spring that took place at the ABA Committee on Consumer Financial Services in Naples, Florida during a session entitled “State National Bank of Big Spring, et al. v. Geithner, et al. – Is the CFPB Constitutional?”  Even more interesting… More >

Seventh Circuit dismisses NLRB recess appointment challenge

Posted in CFPB General

Because of their potential implications for the validity of CFPB Director Cordray’s appointment, we have been following several pending cases challenging the National Labor Relations Board’s authority to take various actions based on the alleged invalidity of President Obama’s recess appointment of three individuals to the NLRB. On December 26, the Seventh Circuit issued an… More >

Recess appointments challenged in NLRB case in New York

Posted in Hot Issues

Shortly after the President appointed Richard Cordray and several members of the NLRB through “recess” appointments, Alan Kaplinsky predicted on this blog that there would be litigation over the validity of the recess appointments first with regard to the NLRB, simply because it was likely to result in a “case or controversy” before anything involving… More >

Challenge to NLRB recess appointments could decide legality of Cordray appointment

Posted in CFPB General, CFPB People

 Although there has been much discussion during the past week as to the legality of President Obama’s appointment of Richard Cordray as the first Director of the CFPB, there has been little discussion of the President’s appointment at the same time of three individuals to fill vacancies on the National Labor Relations Board (NLRB). Yet… More >