Tag Archives: Circuit

CFPB’s Constitutionality Affirmed in En Banc DC Circuit Ruling

Sitting en banc, the U.S. Court of Appeals for the DC Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) structure is constitutional. By a vote of 7 to 3, the full panel of judges reversed an earlier panel decision that took … Continue reading

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9th Circuit Rules an Illegal Minor has No Right to Court Appointed Counsel

Immigrant children who enter the country illegally with their parents have no right to a government-appointed paid lawyer in court, as just recently ruled by the 9th Circuit Court of Appeals. The ruling came in the case of a Honduran … Continue reading

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[Jonathan H. Adler] En Banc D.C. Circuit Upholds Constitutionality of CFPB

This afternoon, the U.S. Court of Appeals for the D.C. Circuit rejected a constitutional challenge to the structure of the Consumer Financial Protection Bureau (CFPB). Sitting en banc, the court concluded that limiting the President's ability to remove the CFPB's … Continue reading

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Full D.C. Circuit Court, Reversing Decision Below, Holds that CFPB’s Independent Structure is Constitutional; also Reinstates Important RESPA Rulings

In a long-awaited constitutional decision regarding the Consumer Financial Protection Bureau (“CFPB”), the full D.C. Circuit Court of Appeals today in PHH v. CFPB reversed a prior ruling by a three-judge panel that the CFPB is unconstitutionally structured.  As we … Continue reading

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Second Circuit Reiterates: Defendants Must Satisfy Burden of Persuasion Through a Preponderance of the Evidence to Rebut Basic Presumption in Securities Fraud Class Actions

The Second Circuit, in keeping with its recent decision in Waggoner v. Barclays, reaffirmed that defendants must satisfy the burden of persuasion by a preponderance of the evidence to rebut the presumption established by the Supreme Court in Basic, Inc. … Continue reading

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