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U.S. Court of Appeals for the D.C. Circuit

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Case dismissed

January 23, 2018

Click here to view the order.

Case held in abeyance

August 02, 2017

The D.C. Circuit granted Metlife's motion to hold FSOC's appeal in abeyance indefinitely, pending further order of the court.

Chamber asks D.C. Circuit to uphold district court’s decision striking down FSOC’s classification of insurance company as a SIFI

August 22, 2016

The U.S. Chamber and Investment Company Institute (“ICI”) filed an amicus brief in the D.C. Circuit, arguing that the court below correctly set aside FSOC’s determination that a large insurance company is a nonbank systemically important financial institution (“SIFI”) because the agency committed “fundamental violations of administrative law.” In its brief, the Chamber explained that under the Dodd-Frank Act, FSOC is required—but failed—to consider whether the company itself is vulnerable to a plausible scenario bringing about material financial distress. Further, the brief argued that the district court correctly held that FSOC abandoned its own guidance and departed from a reasoned analytical approach and that its failure to consider the consequences of the SIFI designation was contrary to law.

Steven G. Bradbury, Thomas P. Vartanian, Robert H. Ledig, and D. Brett Kohlhofer of Dechert LLP served as co-counsel for the amici in this case.

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