Legal Opinion

Elaine L. Chao, Secretary of Labor, United States Department of Labor v. Community Trust Company

Court of Appeals for the Third Circuit

Decided January 19, 2007No. 05-2785, 05-4828PublishedCited by 19 opinions

1Opinion of the Court

ROTH, Circuit Judge.

This appeal presents the question of when a district court may enforce a government agency’s subpoena duces tecum against a financial institution in light of two statutes which protect private consumer financial information, the Right to Financial Privacy Act (RFPA), 12 U.S.C. § 3401, et seq. and the Gramm-Leach-Bliley Act (GLBA), 15 U.S.C. § 6801 et seq.

I. Factual and Jurisdictional Background

In February 2004, the United States Department of Labor (DOL) initiated an investigation into unspecified fiduciary duty violations of the Employee Retirement Income Security Act of…

2Cases cited21 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Barnhart v. ThomasSupreme Court of the United States · 2003
  3. United States v. MillerSupreme Court of the United States · 1976
  4. UNITED STATES of America v. WESTINGHOUSE ELECTRIC CORPORATION, AppellantCourt of Appeals for the Third Circuit · 1980
  5. Securities & Exchange Commission v. Jerry T. O'Brien, Inc.Supreme Court of the United States · 1984

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3Cited by19 opinions

  1. Equal Employment Opportunity Commission v. City of Long BranchCourt of Appeals for the Third Circuit · 2017
  2. Pichler v. UNITECourt of Appeals for the Third Circuit · 2008
  3. Equal Employment Opportunity Commission v. Kronos Inc.Court of Appeals for the Third Circuit · 2010
  4. Ameriquest Mortgage Co. v. Office of the Attorney GeneralWashington Supreme Court · 2010
  5. Ameriquest Mortg. v. Office of Atty. Gen.Washington Supreme Court · 2010

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