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Cruper - Weinmann v. Paris Baguette America, Inc

MEMORANDUM OF LAW in Opposition re: 27 FIRST MOTION for Reconsideration re; 25 Clerk's Judgment,, 24 Order,, with Certificate of Service. . Document

12 Cited authorities

  1. Trans World Airlines, Inc. v. Thurston

    469 U.S. 111 (1985)   Cited 1,851 times
    Holding McDonnell Douglas is inapplicable when direct evidence is presented

  2. Lucente v. International Bus. Machines Corp.

    310 F.3d 243 (2d Cir. 2002)   Cited 1,429 times   2 Legal Analyses
    Holding that the New York rule does not apply in breach of contract cases

  3. Range Road Music, Inc. v. Music Sales Corp.

    90 F. Supp. 2d 390 (S.D.N.Y. 2000)   Cited 358 times
    Holding that motions for reconsideration "must be narrowly construed and strictly applied in order to discourage litigants from making repetitive arguments on issues that have been thoroughly considered by the court."

  4. Hammer v. Sam's E., Inc.

    754 F.3d 492 (8th Cir. 2014)   Cited 67 times   5 Legal Analyses
    Holding that statutory damages were sufficient to allege a violation of the Fair and Accurate Credit Transactions Act

  5. Safeco Ins. Co. of America v. Burr

    551 U.S. 47 (2007)   10 Legal Analyses

    ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Nos. 06-84, 06-100. Argued January 16, 2007. Decided June 4, 2007. Together with No. 06-100, GEICO General Insurance Co. et al. v. Edo, also on certiorari to the same court. The Fair Credit Reporting Act (FCRA) requires notice to a consumer subjected to "adverse action . . . based in whole or in part on any information contained in a consumer [credit] report." 15 U.S.C. § 1681m(a). As applied to insurance companies

  6. Iowa Public Employees' Retirement System v. Deloitte & Touche LLP

    558 F. App'x 138 (2d Cir. 2014)   Cited 14 times
    Agreeing with the district court that "leave to amend would have been futile" for plaintiff's claims under Section 10(b) and SEC Rule 10b-5

  7. Miller-Huggins v. Spaclinic, LLC

    No. 09 C 2677 (N.D. Ill. Mar. 11, 2010)   Cited 8 times
    Finding the plaintiff's allegation that the defendant "willfully disregarded the mandates of [the Fair and Accurate Credit Transactions Act]" insufficient to survive a motion to dismiss

  8. Komorowski v. All-Am. Indoor Sports, Inc.

    Case No. 13-2177-SAC (D. Kan. Sep. 4, 2013)   Cited 2 times
    Dismissing FACTA claim when plaintiff alleged that defendant should have known FACTA's requirements given the time it had to comply and the substantial publicity surrounding FACTA

  9. Vidoni v. Acadia Corp.

    Docket no. 11-cv-00448-NT (D. Me. Apr. 27, 2012)   Cited 3 times
    In Vidoni, a plaintiff alleged that a defendant corporation had been made aware of FACTA's provisions through the wide publicity surrounding the act, and had brought some of its locations into compliance with the act, but nevertheless printed the plaintiff's credit card expiration date on a receipt at one of their restaurants.

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

    Fed. R. Civ. P. 59   Cited 43,342 times   65 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  11. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,304 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

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

    15 U.S.C. § 1681c   Cited 636 times   58 Legal Analyses
    Reporting certain criminal information older than 7 years