Burgess v. Whang
Case Number:
22-11172
Court:
Nature of Suit:
Government Agencies
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October 17, 2025
Chamber Urges 5th Circ. To Rehear Ex-Bank CEO's FDIC Case
The U.S. Chamber of Commerce and other libertarian advocacy groups urged the Fifth Circuit on Friday to reconsider a panel ruling shielding the Federal Deposit Insurance Corp.'s in-house courts from a constitutional challenge, arguing the decision defies U.S. Supreme Court precedent and leaves bank officials "trapped in the bureaucratic machinery" of juryless agency prosecutions.
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October 10, 2025
5th Circ.'s FDIC Ruling 'Cries Out' For Review, Ex-CEO Says
A former Texas bank CEO has asked the full Fifth Circuit to revive his constitutional challenge to the Federal Deposit Insurance Corp.'s in-house enforcement process, arguing that a recent panel decision to reject his case as premature "cries out" for review.
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August 25, 2025
Fed. Court Can't Halt FDIC Enforcement Order, 5th Circ. Says
The Federal Deposit Insurance Corp. can move forward with in-house enforcement proceedings against a former bank CEO, the Fifth Circuit ruled Monday, finding that a Texas district court did not have jurisdiction to block the agency from issuing a final decision over the bank executive's constitutional claims.
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June 04, 2025
5th Circ. Weighs Constitutionality Of Banking In-House Courts
A Fifth Circuit panel Tuesday heard a trio of cases contesting federal banking regulators' use of in-house proceedings to impose penalties, signaling interest in potential jurisdictional bars to such challenges but offering few clear clues about how it might rule.
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June 03, 2025
5th Circ. Will Mull In-House Banking Cases In Jarkesy's Wake
A Fifth Circuit panel is set to scrutinize in-house proceedings at the Federal Deposit Insurance Corp. and other banking agencies on Tuesday in a trio of appeals with the potential to upend the regulators' primary mode of enforcement.
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May 01, 2025
AT&T Win Is FDIC's Loss On In-House Cases, 5th Circ. Told
A banker challenging the Federal Deposit Insurance Corp.'s use of in-house proceedings to level a fraud judgment against him told the Fifth Circuit that its recent decision overturning a $57 million Federal Communications Commission fine against AT&T confirms that the FDIC cannot rely on a "public rights" exemption to impose fines without a jury trial.
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January 27, 2025
Civil Liberties Org. Says FDIC's Court 'Eviscerates' Civil Rights
The New Civil Liberties Alliance told the Fifth Circuit on Monday to spurn the Federal Deposit Insurance Corp.'s attempt to level a fraud judgment against a banker, saying the agency's in-house court sidesteps the constitutional right to a jury trial.
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January 16, 2025
FDIC Case Belongs In Fed. Court After Jarkesy, 5th Circ. Told
A former Herring Bank executive argued in a Fifth Circuit brief that the Federal Deposit Insurance Corp.'s in-house enforcement proceedings against him denied him his right to a jury trial in federal court, saying the allegations against him involve legal issues that have historically been decided by juries.
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January 01, 2025
What Banking Attorneys Are Watching In The Courts In 2025
Lawsuits pushing back on novel state-level consumer protection laws and a host of Biden-era Consumer Financial Protection Bureau regulatory actions are top of mind for financial services attorneys heading into the new year. Here, Law360 previews what's on tap.
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September 26, 2024
5th Circ. Dusts Off FDIC Challenge In Jarkesy's Wake
The Fifth Circuit moved Wednesday to pick back up with a former bank CEO's challenge to Federal Deposit Insurance Corp. enforcement proceedings, taking the case off pause now that the U.S. Supreme Court has upheld a similar challenge involving the U.S. Securities and Exchange Commission.