Litigation

The Board of Governors was a party in 10 lawsuits or appeals filed in 2022 and was a party in 6 other cases pending from previous years, for a total of 16 cases. In 2021, the Board was a party in a total of 10 cases. As of December 31, 2022, nine cases were pending.

Pending

Custodia Bank v. Board of Governors and Federal Reserve Bank of Kansas City, No. 22-cv-125 (D. Wyoming, filed June 7, 2022), is an Administrative Procedure Act and constitutional law challenge regarding the issuance of a Reserve Bank master account.

Cunningham v. Board of Governors, No. 22-1311 (D.C. Circuit, filed December 8, 2022), is a petition for review of a Board order approving the acquisition of a bank under the Bank Holding Company Act.

Fruge v. Board of Governors, No. 22-5307 (D.C. Circuit, filed November 22, 2022), is an appeal of an order granting summary judgment for the Board in an action claiming retaliation for protected disclosures.

Judicial Watch v. Board of Governors, No. 22-cv-37 (D. District of Columbia, filed January 18, 2022), is an action under the Freedom of Information Act.

Judicial Watch v. Board of Governors, No. 22-cv-38 (D. District of Columbia, filed January 18, 2022), is an action under the Freedom of Information Act.

Judicial Watch v. Board of Governors, No. 22-cv-40 (D. District of Columbia, filed January 18, 2022), is an action under the Freedom of Information Act.

Linney's Pizza, LLC v. Board of Governors, No. 22-cv-71 (E.D. Kentucky, filed December 9, 2022), is an Administrative Procedure Act challenge to the debit interchange fee provisions of the Board's Regulation II.

The Revolving Door Project v. Board of Governors, No. 22-cv-3620 (D. District of Columbia, filed December 2, 2022), is an action under the Freedom of Information Act.

Smith and Kiolbasa v. Board of Governors, No. 21-9538 (10th Circuit, filed April 21, 2021), is a petition for review of Board prohibition orders under the Federal Deposit Insurance Act.

Resolved

Bernstein v. Federal Reserve et al., No. 21-cv-8174 (D. Arizona, filed August 3, 2021), was an action alleging fraud and conspiracy involving multiple defendants. On January 31, 2022, the court dismissed the claims against the Board.

Fruge v. Board of Governors, No. 20-cv-2811 (D. District of Columbia, filed October 2, 2020), was an action claiming retaliation for protected disclosures. On September 29, 2022, the court granted the Board's motion for summary judgment.

Greenspan v. Board of Governors, No. 21-cv-1968 (D. District of Columbia, filed July 20, 2021), was an action under the Freedom of Information Act. On December 1, 2022, the court granted the Board's motion for summary judgment.

Judicial Watch v. Board of Governors, No. 22-cv-39 (D. District of Columbia, filed January 18, 2022), was an action under the Freedom of Information Act. On August 9, 2022, the case was dismissed pursuant to a stipulation of the parties.

Junk v. Board of Governors, No. 19-3125 (2d Circuit, filed September 27, 2019), was an appeal under the Freedom of Information Act. On February 8, 2022, the court of appeals affirmed the district court's grant of summary judgment for the Board.

North Dakota Retail Association et al. v. Board of Governors, No. 21-cv-95 (D. North Dakota, filed April 29, 2021), was an Administrative Procedure Act challenge to the debit interchange fee provisions of the Board's Regulation II. On March 11, 2022, the court granted the Board's motion to dismiss.

North Dakota Retail Association et al. v. Board of Governors, No. 22-1639 (8th Circuit, filed March 25, 2022), was an appeal of an order dismissing an Administrative Procedure Act challenge to the debit interchange fee provisions of the Board's Regulation II. On December 14, 2022, the court of appeals affirmed the dismissal.

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Last Update: August 04, 2023