FDIC Lawsuit
On July 25, attorneys for the MBA and Lake Central Bank filed a brief in the U.S. Court of Appeals for the 8th Circuit, supporting their appeal of the district court’s decision to dismiss the case against the FDIC based on the lack of standing. The brief urges the Court of Appeals to reverse the district court’s decision on the standing issue, and it also seeks to vacate the FDIC’s FIL 32 as a procedurally and substantively unlawful declaration that inadequately disclosed NSF fees arising from re-presentment constitute a UDAP violation. The FDIC responded on September 20, 2024. The MBA and Lake Central Bank filed a reply brief on October 11.
Update: Oral arguments are scheduled for March 20, 2025.
Complaint
FDIC Response
MBA's Amended Complaint
FDIC Motion to Dismiss
Plaintiff's Memorandum
FDIC Reply Memorandum
Order Granting Motion to Dismiss
Appellants' Brief
Amicus Brief American Bankers Association
Amicus Brief Missouri Bankers Association
Amicus Brief ITS, Inc.
Filed Brief for Defendants-Appelleest
Appellant Reply Brief