§Why CasetextPricing

Brim v. Dell Financial Services, LLC et al

MOTION for Judgment as a Matter of Law or, Alternatively, That the Judgment Be Vacated

32 Cited authorities

  1. Chiang v. Verizon New Eng.

    595 F.3d 26 (1st Cir. 2010)   Cited 390 times   3 Legal Analyses
    Holding that, in suits against furnishers and agencies alike, a plaintiff must "demonstrate some causal relationship between the ... allegedly unreasonable reinvestigation and the failure to discover inaccuracies in his account."

  2. Cahlin v. General Motors Acceptance Corp.

    936 F.2d 1151 (11th Cir. 1991)   Cited 332 times
    Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures

  3. Cushman v. Trans Union Corporation

    115 F.3d 220 (3d Cir. 1997)   Cited 263 times   1 Legal Analyses
    Holding that because § 1681i's reinvestigation requirement may mandate a more thorough investigation than that contemplated by § 1681e(b), "[j]udgment as a matter of law, even if appropriate on a § 1681e(b) claim, thus may not be warranted on a § 1681i claim"

  4. Westra v. Credit Control of Pinellas

    409 F.3d 825 (7th Cir. 2005)   Cited 206 times
    Holding that a furnisher was entitled to summary judgment on § 1681s-2(b) claim because merely verifying that account information was accurate as reported was reasonable, given "scant information" received from the CRA

  5. Akalwadi v. Risk Management Alternatives, Inc.

    336 F. Supp. 2d 492 (D. Md. 2004)   Cited 194 times
    Holding that a report to a credit reporting agency was a "communication" that "would be covered by FDCPA § 1692e if the communication is false, deceptive, or misleading"

  6. Cousin v. Trans Union Corp.

    246 F.3d 359 (5th Cir. 2001)   Cited 190 times
    Holding that the plaintiff failed to show that Trans Union's credit report was the cause of emotional distress where there were reports from multiple agencies at play

  7. McLean v. GMAC Mortgage Corp.

    398 F. App'x 467 (11th Cir. 2010)   Cited 119 times
    Holding the district court did not err by failing to sua sponte appoint a guardian ad litem where the party requested continuances to allow recovery from psychological stress; “psychological and mental stress is not the equivalent of incompetence to proceed in court”

  8. Akouri v. State of Fla. Dept. of Transp

    408 F.3d 1338 (11th Cir. 2005)   Cited 134 times   1 Legal Analyses
    Holding that the court did not abuse its discretion where "the record show[ed] that the district court exercised reasonable control in managing the flow of the trial by establishing time limits," and the appellant provided no "evidence that the court acted inflexibly or unreasonably with respect to such time restrictions"

  9. Stevenson v. TRW Inc.

    987 F.2d 288 (5th Cir. 1993)   Cited 157 times   1 Legal Analyses
    Holding that, given the complexity of the consumer dispute, the consumer reporting agency acted unreasonably in relying solely on CDV forms

  10. McLean v. GMAC Mortgage Corp.

    595 F. Supp. 2d 1360 (S.D. Fla. 2009)   Cited 85 times
    Holding that damage to credit is speculative without, for example, allegations of lost financing opportunities

  11. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 45,432 times   70 Legal Analyses
    Providing that a motion to alter or amend judgment must be filed within 28 days after entry of judgment

  12. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,993 times   64 Legal Analyses
    Allowing "renewed motion"

  13. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,431 times   43 Legal Analyses
    Authorizing " any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) ... actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater"

  14. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,545 times   66 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)