News & Analysis as of

Fair Credit Reporting Act (FCRA) Breach of Contract

McGlinchey Stafford

Can a Consumer Prevail in an FCRA Case Without Actual Damages? - McGlinchey Commercial Law Bulletin - November 16, 2023

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Oral Contract claims- Scott v. First Choice Auto Clinic, Inc., 10th Dist. Franklin No. 2023-Ohio-3855. In this appeal, the Tenth Appellate District affirmed in part and reversed in part the trial court’s decision to...more

Proskauer - California Employment Law

January 2023 California Employment Law Notes

Age/National Origin Case Was Properly Dismissed Despite “Direct Evidence” Of Discriminatory Animus - Opara v. Yellin, 57 F.4th 709 (9th Cir. 2023) - Joan Opara was terminated from her employment as an IRS revenue...more

Burr & Forman

Seventh Circuit Affirms Dismissal of FCRA Claim, But Finds Lack of Standing

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In Foster v. PNC Bank, National Association, the Seventh Circuit affirmed the dismissal of plaintiff’s Fair Credit Reporting Act (FCRA) claim, but determined that plaintiff lacked standing because he could not show that...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 29, 2022

Carlton Fields on

Condominium Ass’n / Receivership / Scope: Trial court erred in granting the receiver’s ex parte motion in the post-judgment proceeding supplementary to broaden the scope of her receivership of the condominium association to...more

McGlinchey Stafford

What Is The Proper Measure Of Damages For Breach Of An Implied Warranty For Non-Conforming Goods? - Bullet Point October 7 2021

McGlinchey Stafford on

The Bullet Point is a biweekly update of recent, unique, and impactful cases in state and federal courts in the area of commercial litigation. We’re pleased to expand the Bullet Point from its previous coverage of Ohio case...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending April 30, 2021

Carlton Fields on

Real Property Update - Commercial Lease / Contract Interpretation: Trial court erroneously interpreted the lease as capping landlords’ damages for tenant’s breach of contract to the tenant’s security deposit – Nunez v....more

Womble Bond Dickinson

Eleventh Circuit Examines Meaning of ‘Legitimate Business Need’

Womble Bond Dickinson on

In Domante v. Dish Networks, L.L.C. (“Dish”), the Eleventh Circuit examined permissible purposes for obtaining a credit report. Plaintiff-Appellant Peri Domante was the apparent victim of identity theft. In 2011 and 2013,...more

Hudson Cook, LLP

'Everything but the Kitchen Sink' Complaints

Hudson Cook, LLP on

Some plaintiffs' lawyers operate on the theory that if you fling enough bovine byproduct against the barn wall, some of it will stick. They include in their complaints every possible claim, regardless of how tenuously those...more

Butler Snow LLP

Creditor’s failure to comply with a foreclosure settlement agreement leads to not one but two federal actions by debtors, and...

Butler Snow LLP on

In a murderer’s row of what not to do as a mortgage creditor, the 11th Circuit recently reversed summary judgment in favor of a creditor for alleged violations of the Fair Credit Reporting Act (“FCRA”), Florida Consumer...more

Proskauer - California Employment Law

California Employment Law Notes - March 2019

Eddie Money Beats Discrimination Lawsuit Based On Free Speech Right - Symmonds v. Mahoney, 31 Cal. App. 5th 1096 (2019) - After 41 years, singer/songwriter Edward Joseph Mahoney (aka "Eddie Money") terminated the...more

Womble Bond Dickinson

Preemption Not a Silver Bullet to Defeat State Law Claims

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In many recent cases—including several chronicled here at FCRAland—courts have dismissed state-law claims when those claims were preempted by FCRA. Yesterday, a court bucked the trend and held that a state-law breach of...more

Carlton Fields

Real Property & Financial Services Update: Week Ending February 16 & 23, 2018

Carlton Fields on

REAL PROPERTY UPDATE - Breach of Contract/Damages: court erred by precluding setoff when calculating damages because purpose of award is to restore the injured party to the position it would have realized no for the other...more

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 9, 2018

Carlton Fields on

Misrepresentation/Concealment: genuine issues of material fact remained in dispute regarding whether board-certified real estate attorney committed fraudulent or negligent misrepresentation or concealment by falsely assuring...more

Bryan Cave Leighton Paisner

2016 Data Breach Litigation Report

Data security breaches – and data security breach litigation – dominated the headlines in 2015 and continue to do so in 2016. Continuous widely publicized breaches have led to 30,000 articles a month being published that...more

Akerman LLP - Health Law Rx

Evolving Litigation of Data Breach Claims

An Illinois circuit court judge has dismissed five of six claims in a consolidated class action against Advocate Health and Hospital Corporation arising from a data breach in July 2013. The judge’s dismissal with prejudice...more

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