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15 Cited authorities

  1. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,650 times   440 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,266 times   139 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Guimond v. Trans Union Credit Information Co.

    45 F.3d 1329 (9th Cir. 1995)   Cited 411 times
    Holding that damages for emotional distress were available under the Fair Credit Reporting Act where the plaintiff suffered from sleeplessness, nervousness, frustration, and mental anguish as a result of the statutory violation

  4. Drew v. Equifax Information Services, LLC

    690 F.3d 1100 (9th Cir. 2012)   Cited 109 times   3 Legal Analyses
    Holding that plaintiff "alleged sufficient cognizable damages to survive summary judgment [as to his FCRA claims]"

  5. Miletak v. Davi

    No. H033753 (Cal. Ct. App. Nov. 23, 2009)

    NICK MILETAK, Plaintiff and Appellant, v. JEFF DAVI, as Real Estate Commissioner, etc., Defendant and Respondent. H033753 California Court of Appeal, Sixth District November 23, 2009 NOT TO BE PUBLISHED Santa Clara County Super Ct. No. CV116866 Duffy, J. Appellant Nick Miletak appeals from the trial court’s denial of his petition for writ of mandate by which he sought relief from the California Department of Real Estate’s administrative denial of his application for a real estate salesperson’s license

  6. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 508,086 times   40 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

  7. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 351,086 times   937 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,980 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  9. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 49,437 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  10. Rule 73 - Magistrate Judges: Trial by Consent; Appeal

    Fed. R. Civ. P. 73   Cited 13,864 times   1 Legal Analyses
    Providing that "a magistrate judge may, if all parties consent, conduct a civil action or proceeding"

  11. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,397 times   192 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  12. Section 1681b - Permissible purposes of consumer reports

    15 U.S.C. § 1681b   Cited 1,769 times   101 Legal Analyses
    Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

  13. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,387 times   64 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

  14. Section 1786.20 - Procedures to avoid violations of section 1786.18 and to limit furnishing reports for purposes listed in section 1786.12

    Cal. Civ. Code § 1786.20   Cited 8 times

    (a) An investigative consumer reporting agency shall maintain reasonable procedures designed to avoid violations of Section 1786.18 and to limit furnishing of investigative consumer reports for the purposes listed under Section 1786.12. These procedures shall require that prospective users of the information identify themselves, certify the purposes for which the information is sought and that the information will be used for no other purposes, and make the certifications described in paragraph (4)

  15. Section 1786.30 - Adverse information included in subsequent report

    Cal. Civ. Code § 1786.30   Cited 1 times

    Whenever an investigative consumer reporting agency prepares an investigative consumer report, no adverse information in the report (other than information that is a matter of public record, the status of which has been updated pursuant to Section 1786.28) may be included in a subsequent investigative consumer report unless that adverse information has been verified in the process of making the subsequent investigative consumer report, or the adverse information was received within the three-month