In the Headlines
July 5, 2024

Two SCOTUS Decisions to Amplify Demand for Litigation Aimed at Fed. Agencies

Daily Report

Litigation attorney Lynn Calkins was quoted in a Daily Report article examining the recent U.S. Supreme Court decision in Corner Post v. Board of Governors of the Federal Reserve System, which challenges the length of a statute of limitations. In a 6-3 decision, the Supreme Court sided with Corner Post, a North Dakota truck stop that argued the statute of limitation in a debit card fee lawsuit did not begin until it opened in 2017. The high court agreed, rejecting the U.S. Department of Justice's argument that a six-year statute of limitations begins when a regulation is completed. Some professionals believe this ruling could be more impactful than the Loper Bright Enterprises v. Raimondo case that overturned the precedent established in Chevron v. Natural Resources Defense Council because, as Ms. Calkins explained, it could lead to an increase in litigation as well as movement on cases still pending.

“Especially in light of the Corner Post decision, you’re likely to see companies who decide to pursue [Administrative Procedure Act] rulemaking actions, where before they might have sat on the sidelines to watch to see what happens,” she said.

Holland & Knight has already been preparing for an increase in legal challenges by creating the Chevron Deference Working Team ahead of the Loper Bright ruling.

“Certainly when [Loper Bright] was pending before the Supreme Court, we had been thinking about it for quite a long time,” she said. “The firm really has worked along the lines of this working group for many, many years."

READ: Two SCOTUS Decisions to Amplify Demand for Litigation Aimed at Fed. Agencies (Subscription required)

Related News and Headlines