§Why CasetextPricing

Brim v. Dell Financial Services, LLC et al

MOTION for New Trial

20 Cited authorities

  1. Williams v. City of Valdosta

    689 F.2d 964 (11th Cir. 1982)   Cited 167 times
    Holding that "in this circuit, the law is clear that a plaintiff so discriminated against in the employment context is normally entitled to reinstatement and back pay, absent special circumstances warranting the denial of equitable relief"

  2. Levine v. World Finan. Network

    554 F.3d 1314 (11th Cir. 2009)   Cited 51 times
    Holding it is not objectively unreasonable to interpret FCRA as permitting furnishing of consumer report to holder of closed account; noting, "we cannot say that the term `account' necessarily means `an open account,'. . . . [n]or have judicial opinions established that the Act forbids the sale of reports for consumers whose accounts are closed"

  3. Peasley v. Verizon Wireless (VAW) LLC

    364 F. Supp. 2d 1198 (S.D. Cal. 2005)   Cited 23 times
    Granting defendant's motion to dismiss for failure to state a claim under § 1681s-2(b) where plaintiff alleged that she notified furnisher of information directly of billing dispute and failed to allege that furnisher was notified of dispute by a consumer reporting agency

  4. Williams v. Security National Bank of Sioux City, Iowa

    358 F. Supp. 2d 782 (N.D. Iowa 2005)   Cited 14 times
    Discussing Easley v. Anheuser-Busch, Inc. , 758 F.2d 251 (8th Cir. 1985) and Long v. Cottrell, Inc. , 265 F.3d 663 (8th Cir. 2001)

  5. Bank One, N.A. v. Colley

    CIVIL ACTION NO. CV 02-152-D (M.D. La. Nov. 5, 2003)   Cited 15 times
    Holding that Plaintiffs' § 1681s-2(b) claim failed because they did not submit any evidence that any consumer reporting agency ("CRA") notified the furnisher of a dispute

  6. Herman v. Hess Oil Virgin Islands Corp.

    524 F.2d 767 (3d Cir. 1975)   Cited 52 times
    Holding that Federal Rule of Civil Procedure 51 requires that objections to jury instructions be raised prior to jury deliberation

  7. Allan v. Springville City

    388 F.3d 1331 (10th Cir. 2004)   Cited 11 times
    Refusing to consider the appellant's challenge to a jury instruction because she failed to "submit an adequate record" in that "her appendix d[id] not include the transcript of the jury instruction conference" (citing 10th Cir. R. 10.3(B))

  8. Avco Financial Services, Inc. v. Ramsey

    631 So. 2d 940 (Ala. 1994)   Cited 21 times
    Describing reasonableness standard for analysis of failure to mitigate

  9. United Technologies v. American Home Assur. Co.

    118 F. Supp. 2d 174 (D. Conn. 2000)   Cited 9 times
    Affirming punitive damages award of $16 million for violations under the Connecticut Unfair Trade Practices Act

  10. Continental Trend Resources, Inc. v. OXY Usa Inc.

    44 F.3d 1465 (10th Cir. 1995)   Cited 13 times
    Affirming grant of summary judgment for defendants where defendants controlled less than 10% of relevant market, since "plaintiffs failed to establish defendants had sufficient strength in the relevant market."

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

    Fed. R. Civ. P. 59   Cited 45,043 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 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 23,464 times   87 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,280 times   144 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 13,051 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  15. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 7,010 times   12 Legal Analyses
    Stating that relevant evidence is generally admissible at trial

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

    15 U.S.C. § 1681s-2   Cited 3,007 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators

  17. Rule 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,221 times   35 Legal Analyses
    Allowing authentication of domestic records of regularly conducted activity "by a certification of the custodian or another qualified person"