Annual Report 2011
Litigation
During 2011, the Board of Governors was a party in 12 lawsuits or appeals filed that year and was a party in 10 other cases pending from previous years, for a total of 22 cases. In 2010, the Board had been a party in a total of 15 cases. As of December 31, 2011, 11 cases were pending.
Estate of Deleon v. Board of Governors, No. 11-cv-1538 (N.D. New York, filed December 30, 2011), is a complaint involving failure to address a consumer complaint at a regulated bank.
Haller v. U.S. Department of Housing and Urban Development et al., No 11-cv-881 MRB-KLL (S.D. Ohio, filed December 16, 2011), is an action arising out of a mortgage foreclosure.
Farrell v. Geithner et al., No. 12-cv-0026 (M.D. Florida, filed in state court December 15, 2011; notice of removal filed January 19, 2012), is an action relating to a tax lien.
NACS et al. v. Board of Governors, No. 11-cv-2075(RJL) (D. District of Columbia, filed November 22, 2011), is a challenge to regulations issued pursuant to section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act relating to debit card fees.
Handy v. Bernanke, No. 12-1207 (Fourth Circuit, filed February 3, 2012), is an appeal of an order of the district court for the Eastern District of Virginia dismissing an action relating to employment at the Federal Reserve Bank of Richmond.
CitiMortgage, Inc. v. Kokolis, No. 11-cv-2933-RBH (D. South Carolina, filed in state court August 5, 2011; notice of removal filed October 27, 2011), is a third-party complaint against the Board and the United States Department of the Treasury by the defendant in a mortgage foreclosure action.
First Citizens Banks and Trust Co. v. Spirakis, No. 11-cv-2895-RBH (D. South Carolina, filed in state court August 5, 2011; notice of removal filed October 24, 2011), is a third-party complaint against the Board and the United States Department of the Treasury by the defendant in a mortgage foreclosure action.
Perry v. Bernanke, No. 11-cv-1246(RWR) (D. District of Columbia, filed July 7, 2011), is an employment discrimination action.
Barragan v. Board of Governors, No. 11-cv-0696 CAS(JCx) (C.D. California, filed May 3, 2011), is a Freedom of Information Act case.
National Association of Mortgage Brokers v. Board of Governors, No. 11-cv-506(BEH) (D. District of Columbia, filed March 8, 2011), was a challenge to a provision of Regulation Z affecting mortgage loan originators. On March 30, 2011, the district court denied the plaintiff's motions for a temporary restraining order and preliminary injunction (773 F. Supp. 2d 151). On April 5, 2011, the United States Court of Appeals for the District of Columbia Circuit denied the plaintiff's motion for an emergency stay of the effective date of the regulation. On May 20, 2011, the case was dismissed by stipulation of the parties.
National Association of Independent Housing Professionals, Inc. v. Board of Governors, No 11-cv-489(BEH) (D. District of Columbia, filed March 7, 2011), was a challenge to a provision of Regulation Z affecting mortgage loan originators. On March 30, 2011, the district court denied the plaintiff's motions for a temporary restraining order and preliminary injunction (773 F. Supp. 2d 151). On April 5, 2011, the United States Court of Appeals for the District of Columbia Circuit denied the plaintiff's motion for an emergency stay of the effective date of the regulation. On April 21, 2011, the plaintiff voluntarily dismissed the action.
Murray v. Board of Governors, No. 11-1063 (Sixth Circuit, filed January 14, 2011), is an appeal of a district court order (763 F. Supp. 2d 860) granting summary judgment to the Board on a challenge to the constitutionality of federal expenditures relating to American International Group (AIG).
McKinley v. Board of Governors, No. 10-5353 (District of Columbia Circuit, filed October 22, 2010), was an appeal from an order of the district court granting the Board's motion for summary judgment in a Freedom of Information Act case (744 F. Supp. 2d 128). On June 3, 2011, the court of appeals affirmed the district court's order (647 F.3d 331). On January 12, 2012, the Supreme Court denied certiorari.
TCF National Bank v. Bernanke, No. 10-4149 (D. South Dakota, filed October 12, 2010), was a challenge to the constitutionality of section 1075 of the Dodd-Frank Wall Street Reform and Consumer Protection Act. On April 25, 2011, the district court denied the plaintiff's motion for a preliminary injunction, and on June 29, 2011, the Eighth Circuit Court of Appeals affirmed the denial (643 F.3d 1158). On June 30, 2011, the plaintiff voluntarily dismissed the action.
Qader v. Federal Reserve Board, No. 10-3696 (Second Circuit, filed August 18, 2010), was an appeal of the district court's dismissal of an action arising out of the appellant's dispute with a bank. On March 3, 2011, the court of appeals dismissed the appeal.
McKinley v. Board of Governors, No. 10-00751 (D. District of Columbia, filed May 11, 2010), is a Freedom of Information Act case.
Fox News Network v. Board of Governors, No. 10-3320 (S.D. New York, filed April 20, 2010), was a Freedom of Information Act case. On August 4, 2011, the case was dismissed on the parties' motion.
Gold Anti-Trust Action Committee, Inc. v. Board of Governors, No. 09-2436 (D. District of Columbia, filed December 30, 2009), was a Freedom of Information Act case. On February 3, 2011, the district court granted in part and denied in part the Board's motion for summary judgment, and on February 18, 2011, the court entered judgment for the Board.
Judicial Watch, Inc. v. Board of Governors, No. 09-2138 (D. District of Columbia, filed November 13, 2009), was a Freedom of Information Act case. On March 29, 2011, the district court granted the Board's motion for summary judgment.
Bloomberg, L.P. v. Board of Governors, 09-4083 (Second Circuit, filed October 1, 2009), was an appeal of a judgment for Bloomberg, L.P. in a Freedom of Information Act case (649 F. Supp. 2d 262). On March 19, 2010, the court of appeals affirmed the district court's judgment (601 F.3d 143). On October 26, 2010, The Clearing House, which had intervened in the case, filed a petition for a writ of certiorari with the United States Supreme Court (No. 10-543). On March 21, 2011, the Supreme Court denied certiorari.
Fox News Network v. Board of Governors, No. 09-3795 (Second Circuit, filed September 9, 2009), was an appeal of a judgment for the Board in a Freedom of Information Act case (639 F. Supp. 2d 384). On March 19, 2010, the court of appeals vacated the district court's judgment and remanded the matter to the district court (601 F.3d 158). On November 18, 2010, The Clearing House, which had intervened in the case, filed a petition for a writ of certiorari with the United States Supreme Court (No. 10-660). On March 21, 2011, the Supreme Court denied certiorari.
Artis v. Greenspan, No. 01-cv-0400 (D. District of Columbia, filed February 22, 2001), is an employment discrimination action.
