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Amicus Briefs

Corner Post, Inc. v. Board of Governors of the Federal Reserve System

The U.S. Court of Appeals for the Eighth Circuit upheld the dismissal of Corner Post’s lawsuit challenging a Federal Reserve regulation, ruling that the six-year statute of limitations to challenge the rule had already expired. However, Corner Post did not exist until more than six years after the rule issued, and it filed suit less than four years after opening for business. NCLA filed an amicus curiae brief in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, urging the U.S. Supreme Court to allow the lawsuit to go forward in such circumstances and protect judicial review.

The Board of Governors of the Federal Reserve System (the Fed) adopted Regulation II in 2011, establishing maximum debit card transaction interchange fees. Corner Post, a North Dakota convenience store and truck stop, began operating in 2018 and filed its lawsuit challenging Regulation II in 2021, claiming it had incurred excessive interchange fees under the rule. The Eighth Circuit ruled that Corner Post’s opportunity to file suit had expired in 2017. Federal law allows Corner Post to sue within six years of when its injury from Regulation II began to accrue, regardless of when the rule was originally promulgated. Placing the statute of limitations within six years of the regulation’s promulgation would absurdly require Corner Post to have taken legal action before it was even founded. This standard deprives Corner Post of adequate and meaningful judicial review of the rule in court, an opportunity to which the Administrative Procedure Act entitles it.

Mark Chenoweth
President and Chief Legal Officer
Kara Rollins
Litigation Counsel
NCLA FILINGS

Reply Brief for Petitioner

January 12, 2024 | Read More

Brief for the Respondent

December 13, 2023 | Read More

Brief Amicus Curiae of the New Civil Liberties Alliance in Support of Petitioner

November 20, 2023 | Read More

Brief for Petitioner

November 13, 2023 | Read More

PRESS RELEASES

NCLA Amicus Brief Asks Supreme Court to Uphold a Small Business’s Right to Judicial Review

November 21, 2023 | Read More

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