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Amicus Briefs

The Clearing House

In its role as the interpreter of U.S. law, the judiciary is a key arbiter of current U.S. banking and payment system practices. Therefore, TCH advocates before the judiciary on behalf of its members through the filing of amicus briefs and other litigious activity. 

Recent Highlights

TCH Files Amicus Briefs in State of Colorado v. Avant and State of Colorado v. Marlette

May 3, 2017

The Clearing House (TCH), joined by the ABA and the LSTA, filed two amicus briefs in U.S. District Court for the District of Colorado in connection with two cases brought by the State of Colorado against two marketplace lenders, Avant and Marlette, each of which purchases loans from a respective state-chartered bank partner. The amicus briefs argue (similar to our Madden amicus briefs) that: (i) Madden contradicts important, long-settled expectations concerning usury law, and (ii) adopting Madden would have harmful economic consequences. 

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TCH-IIB File Amicus in Schwab v. Bank of America

Jan 20, 2017

In a joint amicus brief TCH and the IIB argue that: (i) Schwab’s position ignores that specific personal jurisdiction exists only where the defendant personally and purposefully engaged in suit-related conduct in the forum state; and (ii) adopting Schwab’s vicarious-jurisdiction theories would violate due process and could impermissibly subject member banks to jurisdiction everywhere.

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TCH Files Joint-Trades Amicus Brief in Support of Petitioners in Bank of America v. Gelboim

Dec 9, 2016

The brief argues that (i) noncompetitive benchmarks, such as LIBOR, should not be treated as prices under antitrust laws, (ii) the Second Circuit expanded potential antitrust liability for standard setting programs by holding that mere participation in setting a benchmark was sufficient to infer participation in an antitrust conspiracy, and (iii) the combination of expanded price-fixing and conspiracy liability will chill efficiency-enhancing benchmarks and other standard-setting agreements.

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Trades File Amicus Brief in FDIC v. Credit Suisse

Jun 9, 2016

The Clearing House (TCH), ABA and SIFMA filed an amicus brief in the Second Circuit in support of a request for a rehearing in FDIC v. Credit Suisse. This case is one of the many “extender” statute cases that poses the question whether the FDIA displaces both preexisting statutes of limitations and statutes of repose when it sets the “applicable statute of limitations” for the FDIC to bring suit as a receiver.

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Amicus Brief Supporting the United States Patent and Trademark Office's Use of the Broadest Reasonable Construction Standard in Inter Partes Reviews

Mar 30, 2016

The Clearing House’s amicus brief in Cuozzo v. Lee asks the U.S. Supreme Court to uphold the United States Patent and Trademark Office’s rule requiring application of the broadest reasonable construction to claims in inter partes review proceedings in order to maintain the effectiveness of those proceedings as an efficient alternative to district court litigation for addressing low quality patents.

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TCH Files Joint-Trades Amicus in Support of Midland Funding’s Cert Petition

Dec 10, 2015

The Clearing House (TCH) filed a joint-trades amicus brief in support of Midland Funding’s cert petition to the SCOTUS asking the Court to decide whether The National Bank Act, which preempts state usury law regulating the interest a national bank may charge on a loan, continues to have preemptive effect after the national bank has assigned the loan to another entity. 

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TCH and SIFMA File Amicus Brief in FDIC v. Chase Mortgage Finance Corp.

May 4, 2015

The Clearing House Association (TCH) joined SIFMA in an amicus brief in FDIC v. Chase Mortgage Finance Corp., which involves claims brought by the FDIC as receiver for Colonial Bank under the ’33 Act.  The principal issue is whether FIRREA’s FDIC extender statute displaces both preexisting statutes of limitations and statutes of repose.

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