Category: Blog Post

One Need Not Wait until Criminal Charges Are Filed to Challenge the Constitutionality of a Federal Criminal Statute In Woodhull Freedom Foundation v. United States, ___ F.3d ___, 2020 WL 398625 (D.C. Cir. Jan. 24, 2020), a panel of the District of Columbia Circuit held that some plaintiff-appellants had standing under...

The Federal Deposit Insurance Corporation (FDIC) insures deposit accounts in every bank and thrift in the United States up to $250,000 per eligible account.  Since FDIC was created in 1933 as part of Depression-Era legislation, no depositor has lost a penny on insured deposits through bank failure.  That means if you have...

 "The deluge of cash from policy makers worldwide is finally settling some nerves in the riskier reaches of the credit market." https://lnkd.in/dFkYUtk #economicdownturn #federalreserve #recession2020

"The Federal Reserve said it could pump $2.3 trillion into the economy through new and expanded programs it announced on Monday, ramping up efforts to help companies and state and local governments suffering financially amid the coronavirus." "The Fed's moves expand its emergency lending powers into new territory. It has...

Seventh Circuit Opinion Creates a Split of Authority Among the Circuits on the Applicability of the “Prison-Mailbox Rule” to Filing of FTCA Claims Censke v. United States, 947 F.3d 488 (7th Cir. 2020) The Federal Tort Claims Act (FTCA) requires that a claimant give notice of a...

D.C. Circuit Holds the “Arkansas Works” Program—Operated under an HHS Medicaid Waiver—Is Arbitrary and Capricious Because It Was Inconsistent with Congress's Stated Purpose of Medicaid Gresham v. Azar, ___ F.3d ___, 2020 WL 741278 (D.C. Cir. Feb. 14, 2020) Originally Medicaid provided health care to four categories of...

On February 7, 2020, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court's decision that twenty-nine Senators and 186 Member of the House of Representatives have Article III standing to maintain a suit seeking declaratory and injunctive relief against the President regarding his alleged violation of...

               On January 17, 2020, the Ninth Circuit reversed the district court in Oregon's decision that plaintiffs' suit seeking a declaratory judgment and an injunction against the United States to force action on climate change could proceed.  Plaintiff Kelsey Juliana and twenty other young citizens along...

Lawyer Retained by a Bank at the Behest of the Comptroller of the Currency to Investigate Possible Insider Fraud and Who Later Criticized OCC's Findings Cannot Sue OCC for Damages under the First Amendment  On January 28, 2020, the U.S. Court of Appeals for the District of Columbia Circuit held in Loumiet...