Annual Report 2012
Litigation
During 2012, the Board of Governors was a party in 13 lawsuits or appeals filed that year and was a party in 13 other cases pending from previous years, for a total of 26 cases. In 2011, the Board had been a party in a total of 22 cases. As of December 31, 2012, 17 cases were pending.
Conover v. Board of Governors, No. 12-cv-6480 (N.D. California, filed December 20, 2012), is a Freedom of Information Act case.
Crisman v. Board of Governors et al., No. 12-cv-1871 (D. District of Columbia, filed November 19, 2012), is a Freedom of Information Act case.
Wise v. Federal Reserve Board, No. 12-cv-1636 (D. District of Columbia, filed October 2, 2012), is a claim under the Federal Tort Claims Act.
McKinley v. Board of Governors, No 12-cv-1175 (D. District of Columbia, filed July 18, 2012), was a Freedom of Information Act case. On March 7, 2013, the plaintiff voluntarily dismissed the action with prejudice.
Judicial Watch v. Board of Governors and Federal Open Market Committee, No. 12-cv-1114 (D. District of Columbia, filed July 6, 2012), was a Freedom of Information Act case. On February 12, 2013, the plaintiff voluntarily dismissed the action with prejudice.
Von Brincken v. Board of Governors, No. 78503 (Superior Court of California, Nevada County, filed June 26, 2012), was a suit involving a mortgage. On August 3, 2012, the plaintiff voluntarily dismissed the Board of Governors as a party.
Marcusse v. United States Department of Justice, et al., No. 12-cv-1025 (D. District of Columbia, filed June 22, 2012), is a Freedom of Information Act case.
Gelb v. Board of Governors, No. 12-cv-4880 (S.D. New York, filed June 21, 2012), is a Freedom of Information Act case.
State National Bank of Big Spring v. Bernanke, No. 12-cv-1032 (D. District of Columbia, filed June 21, 2012), is a challenge to the constitutionality of the Consumer Financial Protection Bureau and the Financial Stability Oversight Council.
Mashak v. Federal Reserve Bank System, et al., No. 12-cv-1333 (D. Minnesota, filed June 1, 2012), was a challenge regarding mortgage foreclosure. On February 14, 2013, the district court dismissed the action.
First Pryority Bank v. Board of Governors, No. 12-cv-415-D (W.D. Oklahoma, filed April 17, 2012), was a challenge to an agency decision regarding release of confidential supervisory information. On October 18, 2012, the case was dismissed by consent of the parties.
DeNaples v. Board of Governors et al., No. 12-1198 (D.C. Circuit, filed April 19, 2012), was a petition for review of cease-and-desist orders issued by the Board and the Office of the Comptroller of the Currency. On January 29, 2013, the Court of Appeals vacated the orders and remanded to the agencies for additional action.
Freedom Watch v. Board of Governors, No. 12-cv-314 (D. District of Columbia, filed February 27, 2012), was a Freedom of Information Act case. On February 27, 2013, the district court granted the government's motion to dismiss.
Estate of Deleon v. Board of Governors, No. 11-cv-1538 (N.D. New York, filed December 30, 2011), was a complaint involving failure to address a consumer complaint at a regulated bank. On February 14, 2013, the district court dismissed the case.
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), was an action arising out of a mortgage foreclosure. On March 4, 2013, the district court granted the Board's motion to dismiss.
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), was an action relating to a tax lien. On February 29, 2012, the district court substituted the United States as defendant and terminated all claims against the Board.
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), was 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. On June 8, 2012, the court of appeals affirmed the district court's dismissal of the action.
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. The district court dismissed the action on May 30, 2012, and the plaintiff's appeal to the Fourth Circuit Court of Appeals (No. 12-1917) is pending.
First Citizens Bank 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. The district court dismissed the action on May 30, 2012, and the Fourth Circuit affirmed the dismissal (No. 12-1914) on March 15, 2013.
Perry v. Bernanke, No. 11-cv-1246(RWR) (D. District of Columbia, filed July 7, 2011), was an employment discrimination action. On May 22, 2012, the plaintiff voluntarily dismissed the action.
Barragan v. Board of Governors, No. 11-cv-0696 CAS(JCx) (C.D. California, filed May 3, 2011), was a Freedom of Information Act case. On April 30, 2012, the district court granted the Board's motion to dismiss the action.
Murray v. Board of Governors, No. 11-1063 (Sixth Circuit, filed January 14, 2011), was 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). On June 1, 2012, the court of appeals affirmed the district court's judgment (681 F.3d 744), and on December 10, 2012, the Supreme Court denied further review.
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 (D. District of Columbia, September 29, 2010)). 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 further review.
McKinley v. Board of Governors, No. 10-00751 (D. District of Columbia, filed May 11, 2010), was a Freedom of Information Act case. On March 29, 2012, the district court granted the Board's motion for summary judgment.
Artis v. Greenspan, No. 01-cv-0400 (D. District of Columbia, filed February 22, 2001), is an employment discrimination action.
