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Brim v. Dell Financial Services, LLC et al

MOTION to Alter Judgment Remittitur and Constitutional Reduction of Punitive Damages Award

26 Cited authorities

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

    538 U.S. 408 (2003)   Cited 2,729 times   55 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process

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

    517 U.S. 559 (1996)   Cited 2,899 times   45 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

  3. Cortez v. Trans Union, LLC

    617 F.3d 688 (3d Cir. 2010)   Cited 447 times   3 Legal Analyses
    Holding that emotional distress damages constitutes actual damages under the FCRA

  4. Saunders v. Branch Banking

    526 F.3d 142 (4th Cir. 2008)   Cited 366 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

  5. Cahlin v. General Motors Acceptance Corp.

    936 F.2d 1151 (11th Cir. 1991)   Cited 330 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

  6. Acceptance Ins. Co. v. Brown

    832 So. 2d 1 (Ala. 2001)   Cited 127 times   1 Legal Analyses
    In Acceptance Ins. Co. v. Brown, 832 So.2d 1 (Ala. 2001), the Alabama Supreme Court noted that an attorney specializing in insurance-coverage matters had offered an opinion that "industry practice required the insurer to seek a coverage opinion from an attorney before denying Gloria Brown a defense."

  7. Sloane v. Equifax Information Services, LLC

    510 F.3d 495 (4th Cir. 2007)   Cited 104 times   3 Legal Analyses
    Holding that the Seventh Amendment "precludes an appellate court from replacing an award of compensatory damages with one of the court's own choosing"

  8. Stevenson v. TRW Inc.

    987 F.2d 288 (5th Cir. 1993)   Cited 155 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

  9. Intern. Corp. v. International

    517 F.3d 1271 (11th Cir. 2008)   Cited 93 times
    Holding that a seven-month delay in filing a Rule 60(b) motion was reasonable where the party had difficulty discovering the terms of the confidential settlement that underlay the rationale for seeking Rule 60(b) relief and also had informed the district court of its intention to file a Rule 60(b) motion within two months of dismissal of the case

  10. Pinner v. Schmidt

    805 F.2d 1258 (5th Cir. 1987)   Cited 164 times
    Holding that the 60-day notice period begins to run "when a disputed statement is first received"

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

    Fed. R. Civ. P. 59   Cited 44,605 times   69 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 13,851 times   63 Legal Analyses
    Allowing "renewed motion"

  13. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,514 times   60 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

  14. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 300 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"

  15. Section 1.98 - Adjustment of civil monetary penalty amounts

    16 C.F.R. § 1.98   Cited 19 times   7 Legal Analyses
    Addressing penalty amounts