Courthouse Steps Decision: Corner Post, Inc. v. Board of Governors of the Federal Reserve System

On July 1, 2024, the U.S. Supreme Court issued their opinion in Corner Post, Inc. v. Board of Governors of the Federal Reserve System. The case asked whether a plaintiff’s Administrative Procedure Act (APA) claim “first accrues” under 28 U.S.C. § 2401(a)-the six-year default federal statute of limitations-when an agency issues a rule or when the rule first causes a plaintiff to “suffer legal wrong” or “be adversely affected or aggrieved,” 5 U.S.C. § 702.
Petitioner Corner Post is a North Dakota convenience store and truck stop that sought to challenge a 2011 Federal Reserve rule governing certain fees for debit card transactions. Corner Post didn’t open its doors until 2018 but the lower courts in this case held that its challenge is time barred because the statute of limitations ran in 2017-before Corner Post accepted its first debit card payment.
This 6-3 decision held that a claim under the APA does not accrue for purposes of the six-year statute of limitations until the plaintiff is injured by final agency action.
Please join us as we discussed the case and decision recently released by the Court.
Featuring:
Molly Nixon, Attorney, Pacific Legal Foundation
Moderator: Prof. John F. Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

[@relaxingnaturesounds28]

Rather, §2401(a)’s text focuses on when the specific
plaintiff had the right to sue: It says “the complaint is filed within six
years after the right of action first accrues.”

[@heatherelliott8246]

😳… someone else’s money? 🤦🏽‍♀️ from an Auntie who’s not rich but a great historical shopper…& I outfitted my niece with a BORROW of many bags the year she was coordinate her HBCU queen. The shared thought was she has to be “on point” that year & they would all be returned. I had refused to manage my feelings when they were not returned. The baby who boosted about access to her aunt’s things is forcing me to acknowledge my hurt in this moment. 😢

[@user-rb1xb6dp9n]

I set-off all accounts and deal with the federal reserve attorney general in my state and it's not hard to do when you understand who you are and what the legal name is just saying

[@editsblazing]

Nice iron cross