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Campbell v. SentryLink

MOTION to Dismiss Count Three of the Amended Complaint and Strike the Request for Injunctive Relief

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 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

  3. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 7,160 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  4. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,807 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23

  5. East Texas Motor Freight v. Rodriguez

    431 U.S. 395 (1977)   Cited 1,321 times   1 Legal Analyses
    Holding that plaintiffs who lacked qualifications to be hired as drivers suffered no injury from alleged discriminatory practices and therefore lacked standing to represent class of persons who did suffer injury

  6. Dalton v. Capital Associated Industries

    257 F.3d 409 (4th Cir. 2001)   Cited 254 times   1 Legal Analyses
    Holding that "a consumer reporting agency violates § 1681e(b) if the consumer report contains inaccurate information and the reporting agency did not follow reasonable procedures to assure maximum possible accuracy"

  7. Shlahtichman v. 1-800 Contacts, Inc.

    615 F.3d 794 (7th Cir. 2010)   Cited 55 times   1 Legal Analyses
    Finding FACTA applied to printed receipts provided to cardholder at point of sale

  8. Adams v. National Engineering Service Corp.

    620 F. Supp. 2d 319 (D. Conn. 2009)   Cited 37 times
    Holding that a staffing agency was a consumer reporting agency because it prepared and furnished background investigation reports for a fee

  9. Poore v. Sterling Testing Systems, Inc.

    410 F. Supp. 2d 557 (E.D. Ky. 2006)   Cited 26 times
    Holding that a company that reports on criminal records of job applicants is a CRA

  10. Akpan v. First Premier Bank

    Civil Action No. DKC 09-1120 (D. Md. Mar. 8, 2010)   Cited 16 times
    Observing that 15 U.S.C. § 1681s-2 is "unenforceable through a private suit."

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,245 times   1254 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  13. Section 1681c - Requirements relating to information contained in consumer reports

    15 U.S.C. § 1681c   Cited 650 times   58 Legal Analyses
    Listing information excluded from consumer reports

  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 1681k - Public record information for employment purposes

    15 U.S.C. § 1681k   Cited 104 times   4 Legal Analyses
    Stating a "consumer reporting agency which furnishes a consumer report for employment purposes ... shall maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date"