Case Updates
Sixth Circuit denies rehearing
September 15, 2022
The Sixth Circuit denied rehearing of decision holding that any constitutional infirmity of removal protections did not inflict harm and thus does not compel invalidation of FDIC proceedings. The U.S. Chamber filed an amicus brief supporting rehearing.
U.S. Chamber files amicus brief urging en banc rehearing
August 02, 2022
The U.S. Chamber's amicus brief also urges the Sixth Circuit to hold that the Chenery doctrine binds agencies to the reasons given in their decisions and that vacatur is an appropriate remedy for a decision issued by an improperly appointed FDIC administrative law judge. Andrew J. Pincus and Avi M. Kupfer of Mayer Brown LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Sixth Circuit holds that purported constitutional infirmity of removal protections did not inflict harm and thus does not compel invalidation of FDIC proceedings
June 10, 2022
Click here to view the opinion.
U.S. Chamber urges Sixth Circuit to hold that the restrictions on removal of FDIC administrative law judges violate the Constitution
April 14, 2021
Click here to view the brief. Andrew J. Pincus and Avi M. Kupfer of Mayer Brown LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
Case Documents
- FDIC Board Final Decision and Orders -- Calcutt v. FDIC (FDIC).pdf
- U.S. Chamber Amicus Brief -- Calcutt v. FDIC (Sixth Circuit).pdf
- Opinion -- Calcutt v. FDIC (Sixth Circuit).pdf
- U.S. Chamber Amicus Brief (Rehearing Petition) -- Calcutt v. FDIC (Sixth Circuit).pdf
- Order Denying Rehearing -- Calcutt v. FDIC (Sixth Circuit).pdf