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NACS et al v. BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

MOTION for Summary Judgment

56 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,028 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  3. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,504 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  4. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,090 times   27 Legal Analyses
    Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

  5. Davis v. Michigan Dept. of Treasury

    489 U.S. 803 (1989)   Cited 850 times   4 Legal Analyses
    Holding that "the relevant inquiry is whether the inconsistent tax treatment is directly related to, and justified by, `significant differences between the two classes'"

  6. Begier v. Internal Revenue Service

    496 U.S. 53 (1990)   Cited 813 times   7 Legal Analyses
    Holding that the segregation of funds was not a prerequisite to the establishment of a statutory trust under the Internal Revenue Code

  7. Brown v. Gardner

    513 U.S. 115 (1994)   Cited 491 times   2 Legal Analyses
    Holding that the statute, as then in force, contained no requirement of fault

  8. National Credit Union Admin. v. 1st Nat. Bank Trust

    522 U.S. 479 (1998)   Cited 323 times   2 Legal Analyses
    Holding an interpretation was "impermissible under the first step of Chevron " in part because it created surplusage

  9. Wal-Mart Stores, Inc. v. Visa U.S.A. Inc.

    280 F.3d 124 (2d Cir. 2001)   Cited 674 times   7 Legal Analyses
    Holding that refusal to certify a class "on the sole ground that it would be unmanageable is disfavored and ‘should be the exception rather than the rule’ " (quoting In re S. Cent. States Bakery Prods. Antitrust Litig. , 86 F.R.D. 407, 423 (M.D. La. 1980) )

  10. National Railroad Psgr. Corp. v. Boston Maine Corp.

    503 U.S. 407 (1992)   Cited 236 times
    Holding that "[t]he existence of alternative dictionary definitions . . . each making some sense under the statute" indicates that a statute is ambiguous

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,637 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,433 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,363 times   36 Legal Analyses
    Adopting the definition given in Section 551

  14. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  15. Section 1693m - Civil liability

    15 U.S.C. § 1693m   Cited 314 times   3 Legal Analyses
    Providing a good faith defense to claims related to consumer credit protection

  16. Section 1001 - General definition of institution of higher education

    20 U.S.C. § 1001   Cited 179 times   16 Legal Analyses

    (a) Institution of higher education For purposes of this chapter, other than subchapter IV, the term "institution of higher education" means an educational institution in any State that- (1) admits as regular students only persons having a certificate of graduation from a school providing secondary education, or the recognized equivalent of such a certificate, or persons who meet the requirements of section 1091(d) of this title; (2) is legally authorized within such State to provide a program of

  17. Section 1693o-2 - Reasonable fees and rules for payment card transactions

    15 U.S.C. § 1693o-2   Cited 6 times   7 Legal Analyses

    (a) Reasonable interchange transaction fees for electronic debit transactions (1) Regulatory authority over interchange transaction fees The Board may prescribe regulations, pursuant to section 553 of title 5, regarding any interchange transaction fee that an issuer may receive or charge with respect to an electronic debit transaction, to implement this subsection (including related definitions), and to prevent circumvention or evasion of this subsection. (2) Reasonable interchange transaction fees

  18. Section 235.3 - Reasonable and proportional interchange transaction fees

    12 C.F.R. § 235.3   Cited 3 times

    (a)In general. The amount of any interchange transaction fee that an issuer may receive or charge with respect to an electronic debit transaction shall be reasonable and proportional to the cost incurred by the issuer with respect to the electronic debit transaction. (b)Determination of reasonable and proportional fees. An issuer complies with the requirements of paragraph (a) of this section only if each interchange transaction fee received or charged by the issuer for an electronic debit transaction

  19. Section 235.7 - Limitations on payment card restrictions

    12 C.F.R. § 235.7   Cited 3 times

    (a)Prohibition on network exclusivity - (1)In general. An issuer or payment card network shall not directly or through any agent, processor, or licensed member of a payment card network, by contract, requirement, condition, penalty, or otherwise, restrict the number of payment card networks on which an electronic debit transaction may be processed to less than two unaffiliated networks. (2)Permitted arrangements. An issuer satisfies the requirements of paragraph (a)(1) of this section only if the