Lacewell v. Office of the Comptroller of the Currency

Docket Number19-4271
Decision Date03 June 2021
The Superintendent of the New York State Department of Financial Services (DFS) filed suit against the Office of the Comptroller of the Currency and the U.S. Comptroller of the Currency (together, the "OCC"), challenging the OCC's decision to begin accepting applications for special-purpose national bank (SPNB) charters from financial technology companies (fintechs) engaged in the "business of banking," including those that do not accept deposits. The district court ultimately entered...

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54 cases
  • Cantero v. Bank of Am., N.A.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • September 15, 2022
    ...and state governments are empowered to charter banks and to regulate the banks holding their respective charters." Lacewell v. OCC , 999 F.3d 130, 135 (2d Cir. 2021). Banks may seek a charter from either the state or federal government, and both state and national banks are able to compete—......
  • Tzumi Innovations LLC v. Regan
    • United States
    • U.S. District Court — Southern District of New York
    • July 30, 2021
    ...doctrine, requires a "plaintiff's injury be imminent rather than conjectural or hypothetical." Lacewell v. Office of the Comptroller of the Currency , 999 F.3d 130, 149 (2d Cir. 2021).As stated above, EPA has made a final determination that the Product is a pesticide and issued a recall req......
  • Silva v. Farrish
    • United States
    • U.S. Court of Appeals — Second Circuit
    • August 25, 2022
    ...TransUnion LLC v. Ramirez , ––– U.S. ––––, 141 S. Ct. 2190, 2210, 210 L.Ed.2d 568 (2021) ; see also Lacewell v. Off. of Comptroller of Currency , 999 F.3d 130, 141 (2d Cir. 2021). When a plaintiff seeks relief from a threatened criminal prosecution, the Supreme Court has instructed that imm......
  • Butler v. City of New York
    • United States
    • U.S. District Court — Southern District of New York
    • September 8, 2021
    ...conduct of the defendant, and (3) that is likely to be redressed by a favorable judicial decision.’ " Lacewell v. Office of Comptroller of Currency , 999 F.3d 130, 141 (2d Cir. 2021) (quoting Spokeo, Inc. v. Robins , 578 U.S. 330, 136 S. Ct. 1540, 1547, 194 L.Ed.2d 635 (2016) ). Regarding c......
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2 books & journal articles
  • Unbundling Banking, Money, and Payments
    • United States
    • Georgetown Law Journal No. 110-4, April 2022
    • April 1, 2022
    ...recently the subject of litigation before the Second Circuit Court of Appeals. See Lacewell v. Off. of the Comptroller of the Currency, 999 F.3d 130, 131 (2d Cir. 2021) (reversing the district court’s decision to deny the motion to dismiss, citing issues with standing, establishing injury, ......
  • The New Fintech Federalism.
    • United States
    • Yale Journal of Law & Technology No. 24, January 2022
    • January 1, 2022
    ...Vullo v. OCC, 378 F. Supp. 3d 271, 278 (S.D.N.Y. 2019). (188) See Brummer & Yadav, supra note 2, at 290-91. (189) Lacewell v. OCC, 999 F.3d 130, 134-35 (2d Cir. (190) See id. at 150 ("Specifically, we do not address the district court's holding, on the merits, that the 'business of bank......