Tuesday, January 24, 2017

Federal Court Dismisses MBL Lawsuit

The U.S. District Court of the Eastern District of Virginia dismissed the lawsuit filed against the National Credit Union Administration (NCUA) over the agency’s member business lending (MBL) rule.

The Court dismissed the suit on procedural grounds but also indicated the suit would have been dismissed on the merits as well.

The Court agreed with NCUA that the lawsuit was time-barred and the plaintiff, Independent Community Bankers of America, lacked standing.

The Court noted that even if the plaintiff could establish that it had standing and the lawsuit was filed in a timely fashion, the Court would still find that the regulation would pass muster under the Administrative Procedure Act and Chevron.

2 comments:

  1. Anyone reading this post by Leggett should go to today's Credit Union Times and read the short article on ICBA's reaction to losing the MBL lawsuit.
    Once you do, consider this:
    The lawsuit was practically called frivolous by the judge because of BASIC legal issues including ICBA did not even have standing.
    Camden Fine says he is "deeply disappointed ".
    Then goes to the typical lobbyist formula by saying he and ICBA are deeply committed to dealing with the non tax paying credit unions.
    Replace Fina with Nussle, Berger or the knucklehead running ABA.
    replace ICBA with CUNA, nafcu and ABA.
    Here is who should be "deeply disappointed ".
    The member DNA customers of banks and credit unions who don't benefit from the lobbyist leaches that waste the bank and credit union money.
    Here is who is not "deeply disappointed ".
    Lobbyists and congress who benefit financially from this distorted and corrupted game of pretend.
    Instead of figuring out more ways to fleece banks, ICBA should have spent more time effectively dealing with the outdated tax exemption.

    ReplyDelete
  2. When will banks and credit unions realize they're wasting money on lobbyists?
    Definition of insanity.

    ReplyDelete

 

The content is provided for educational purposes only, with the understanding that neither the authors, contributors, nor the publishers of this site are engaged in rendering legal, accounting or other expert or professional services. If legal or other expert assistance is required, the services of a competent professional should be sought.

Comments appearing in response to articles appearing on this site do not necessarily reflect the views of the ABA. ABA makes no representations regarding the truth or accuracy of commentary or opinions that may be posted in response to the articles that appear on this website.

The inclusion herein of any link to a website, either in the text of an article or in a comment, does not denote any approval, sponsorship, or endorsement by the ABA, and ABA is not responsible for the content or opinions expressed on those linked websites or related commentary. This content is not licensed to third parties sites and is not affiliated with any third party site. Any reference to the author or this content on any third party site on the Internet is not authorized by the ABA.

It is the policy of the American Bankers Association to comply fully with all antitrust laws. Certain discussions should be considered off-limits, including those that contain competitively sensitive data such as price and cost information, or statements that could be construed as reflecting an attempt or desire to control or influence a particular market or markets. Future pricing or other prospective competitive information should never be shared.