Forum
U.S. Supreme Court
Case Status
Docket Number
Term
2023 Term
Lower Court Opinion
Questions Presented
Does a plaintiffs APA claim "first accrue[]" under 28 U.S.C. §2401(a) when an agency issues a rule-regardless of whether that rule injures the plaintiff on that date (as the Eighth Circuit and five other circuits have held)-or when the rule first causes a plaintiff to "suffer[] legal wrong" or be "adversely affected or aggrieved" (as the Sixth Circuit has held)?
Case Updates
Supreme Court holds that a business may bring an Administrative Procedure Act suit challenging an agency action within six years of the date of its first legal injury
July 01, 2024
U.S. Chamber files amicus brief urging Supreme Court to recognize that the Administrative Procedure Act’s statute of limitations does not bar newly formed businesses or businesses newly injured by an agency action from challenging such action, as long as it is brought within six years of the date of the business’s legal injury
November 20, 2023
Mark A. Perry, Joshua M. Wesneski, and Mark I. Pinkert of Weil, Gotshal & Manges LLP and the U.S. Chamber Litigation Center served as co-counsel for the Chamber.
Case Documents
- Lower Court Opinion -- North Dakota Retail Association v. Board of Governors of the Federal Reserve System (Eighth Circuit)
- U.S. Chamber Amicus Brief -- Corner Post, Inc. v. Board of Governors of the Federal Reserve System (U.S. Supreme Court)
- Opinion -- Corner Post, Inc. v. Board of Governors of the Federal Reserve System (U.S. Supreme Court)