18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,896 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,933 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,351 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Riddle v. Mondragon
83 F.3d 1197 (10th Cir. 1996) Cited 922 times
Holding that the plaintiff must show "more than a conclusory claim of being afraid" that other inmates might harm him after discovering his status as a sex offender in order to establish an Eighth Amendment violation
Gooley v. Mobil Oil Corp.
851 F.2d 513 (1st Cir. 1988) Cited 1,067 times
Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive
Guimond v. Trans Union Credit Information Co.
45 F.3d 1329 (9th Cir. 1995) Cited 423 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
E.F.W. v. St. Stephen's Indian High School
264 F.3d 1297 (10th Cir. 2001) Cited 148 times
Holding that agreeing "to act in accordance with state law to some degree and in essence to adopt state law is simply not an express waiver of [] tribal sovereignty"
Wantz v. Experian Information Solutions
386 F.3d 829 (7th Cir. 2004) Cited 124 times
Holding that plaintiff failed to provide evidence of actual damages under the FCRA where there was no evidence of disclosure to third parties
Cassara v. DAC Services, Inc.
276 F.3d 1210 (10th Cir. 2002) Cited 46 times
Holding that a jury question arose as to accuracy of a report stating that driver had been in accidents and the criteria for what constituted an "accident" was not uniformly defined for furnishers of accident information
Hill v. Equifax Information Services, LLC
974 F. Supp. 2d 865 (M.D.N.C. 2013) Cited 14 times
Recognizing "court's duty to construe pro se pleadings liberally" in context of summary judgment motion
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 361,619 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,952 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,559 times 198 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,404 times 42 Legal Analyses
In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.
Section 1681a - Definitions; rules of construction
15 U.S.C. § 1681a Cited 1,529 times 64 Legal Analyses
Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)
Section 1681e - Compliance procedures
15 U.S.C. § 1681e Cited 1,465 times 67 Legal Analyses
Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

Barrett v. Equifax Information Services, Llc et al

18 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that the plaintiff must show "more than a conclusory claim of being afraid" that other inmates might harm him after discovering his status as a sex offender in order to establish an Eighth Amendment violation

Holding that "it is the plaintiff's burden to take the step which brings his case safely into the next phase of the litigation. The court need not conjure up unpled allegations or contrive elaborately arcane scripts in order to" allow the plaintiff's complaint to survive

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

Holding that agreeing "to act in accordance with state law to some degree and in essence to adopt state law is simply not an express waiver of [] tribal sovereignty"

Holding that plaintiff failed to provide evidence of actual damages under the FCRA where there was no evidence of disclosure to third parties

Holding that a jury question arose as to accuracy of a report stating that driver had been in accidents and the criteria for what constituted an "accident" was not uniformly defined for furnishers of accident information

Recognizing "court's duty to construe pro se pleadings liberally" in context of summary judgment motion

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Recognizing the need to protect "the consumer's right to privacy"

In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes