On May 22, 2023, the Supreme Court granted review and vacated a Sixth Circuit order affirming an FDIC occupational debarment order. This outcome was a welcome victory for WLF. The Supreme Court’s per curiam opinion tracked an argument in WLF’s brief, which explained how the Sixth Circuit erred by affirming the FDIC despite holding that the FDIC’s decision was infected with legal errors. The Sixth Circuit’s holding ignored important Supreme Court precedent on when remand is necessary in administrative cases. The Supreme Court also declined to give the Sixth Circuit another bite at the apple, directing it to remand the case to the FDIC without further proceedings.
Documents
Supreme Court per curiam decision (starting on p. 12)
Amicus brief supporting certiorari