§Why CasetextPricing

Bell v. US Xpress, Inc.

REPLY to Response to Motion re MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint

41 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,627 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,752 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"

  3. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,668 times   51 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

  4. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,849 times   42 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

  5. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,155 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

  6. Allison v. Citgo Petroleum Corp.

    151 F.3d 402 (5th Cir. 1998)   Cited 694 times   9 Legal Analyses
    Holding that certification under Rule 23(b) was not appropriate because "plaintiffs' claims for compensatory and punitive damages must therefore focus almost entirely on facts and issues specific to individuals rather than the class as a whole"

  7. Cortez v. Trans Union, LLC

    617 F.3d 688 (3d Cir. 2010)   Cited 420 times   3 Legal Analyses
    Holding that emotional distress damages constitutes actual damages under the FCRA

  8. Saunders v. Branch Banking

    526 F.3d 142 (4th Cir. 2008)   Cited 351 times   2 Legal Analyses
    Holding that a bank's internal records of ongoing correspondence could support a conclusion that the bank intended not to furnish accurate information to the reporting agencies

  9. Murray v. GMAC Mortgage Corp.

    434 F.3d 948 (7th Cir. 2006)   Cited 271 times   5 Legal Analyses
    Holding an "unconstitutionally excessive [award] may be reduced"

  10. Pilgrim v. Universal Health Card, LLC

    660 F.3d 943 (6th Cir. 2011)   Cited 229 times   12 Legal Analyses
    Holding that, evaluating potential class members' claims under Ohio's choice-of-law rules, the "laws of the potential class members' home States will govern their claims"

  11. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,868 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators

  12. Section 1681b - Permissible purposes of consumer reports

    15 U.S.C. § 1681b   Cited 1,746 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 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,479 times   58 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

  14. Section 1681m - Requirements on users of consumer reports

    15 U.S.C. § 1681m   Cited 346 times   18 Legal Analyses
    Granting federal banking agencies the power "to prescribe regulations applicable to card issuers to ensure that, if a card issuer receives notification of a change of address for an existing account, and within a short period of time (during at least the first 30 days after such notification is received) receives a request for an additional or replacement card for the same account, the card issuer may not issue the additional or replacement card

  15. Section 1681d - Disclosure of investigative consumer reports

    15 U.S.C. § 1681d   Cited 89 times   5 Legal Analyses
    Providing that an investigative consumer report cannot be procured unless "it is clearly and accurately disclosed to the consumer that an investigative consumer report including information as to his character, general reputation, personal characteristics and mode of living, whichever are applicable, may be made"