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 sixyear 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 63 decision held that a claim under the APA does not accrue for purposes of the sixyear 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.