“Although there may be other constitutional checks on Congress’ authority to create and fund an administrative agency, specifying the source and purpose is all the control the Appropriations Clause requires.” With these...more
Less than three years after the U.S. Supreme Court reviewed the CFPB’s appointment structure, the bureau again finds itself before the Court in what could prove the most consequential case for the financial services industry...more
The Eleventh Circuit’s far-reaching decision in Hunstein v. Preferred Collection and Management Services, Inc. — which we previously covered on this blog — continues to raise questions for the wide range of industries that...more
For the past few years, the federal circuit courts have struggled with the issue of whether a creditor retaining possession of bankruptcy estate property violates the automatic stay. For example, is a creditor required to...more
President-elect Trump’s election injects uncertainty into the Supreme Court’s makeup and its future rulings, including for employment-related cases. Because the Senate has not held confirmation hearings on Merrick Garland,...more
1/23/2017
/ Adverse Employment Action ,
Age Discrimination ,
Appeals ,
Discovery ,
Equal Employment Opportunity Commission (EEOC) ,
Judicial Appointments ,
McLane Co. v EEOC ,
Motions to Quash ,
Physical Work Test ,
SCOTUS ,
Split of Authority ,
Standard of Review ,
Subpoenas ,
Supreme Court Justices ,
Title VII ,
Trump Administration ,
Unduly Burdensome