The Supreme Court continues to take a close look at major administrative law questions, and its answers have the potential to significantly affect the consumer finance industry. Most notably, in 2023, the Supreme Court heard oral argument in a case concerning the constitutionality of the CFPB’s funding mechanism and in two other cases questioning the continued vitality and scope of the Chevron doctrine, which could significantly affect agencies’ rulemaking and the judicial review of agency decisions. […]

One of the more well established appellate doctrines in Michigan is that a claim of error generally won’t be considered on appeal unless it is preserved in the trial court. That isn’t necessarily the case in criminal appeals, where the “plain error” rule provides the opportunity for relief under certain circumstances. Until recently, there was some confusion about whether the “plain error” rule applies in civil cases. But the Michigan Court of Appeals has […]