September 08th, 2017

​US Court of Appeals for the Fifth Circuit Opinions
Burgess v. FDIC

Docket: 17-60579
Opinion Date: September 7, 2017
Judge: Priscilla R. Owen
Areas of Law: Banking

The Fifth Circuit granted movant's motion to stay the FDIC's order assessing a civil penalty against movant pending the resolution of the merits of the petition for review or further order of the court. Movant alleged, among other things, that the FDIC ALJ was an inferior "Officer of the United States" who holds his office in violation of the Appointments Clause. The court held that movant has established a likelihood of success on the merits of his Appointments Clause challenge, that irreparable harm would result absent a stay, and that both the balance of hardships and the public interest favor a stay.