Anderson v. Liberty Lobby, Inc.

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Celotex Corp. v. Catrett

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Soremekun v. Thrifty Payless

Holding that speculative testimony is insufficient to defeat summary judgment

Pintos v. Pacific Creditors Ass'n

Holding that a "compelling reasons standard applies to most [motions to seal] judicial records."

Beck v. Prupis

Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

Guimond v. Trans Union Credit Information Co.

Holding that damages for emotional distress were available under the Fair Credit Reporting Act where the plaintiff suffered from sleeplessness, nervousness, frustration, and mental anguish as a result of the statutory violation

Bateman v. American Multi-Cinema

Holding that if the size of the defendant's potential liability alone was a sufficient reason to deny class certification, “the very purpose of Rule 23(b)—‘to allow integration of numerous small individual claims into a single powerful unit’—would be substantially undermined”

Cousin v. Trans Union Corp.

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

Pintos v. Pacific Creditors Ass'n

Interpreting "credit transaction involving the consumer" to mean that the consumer must initiate the credit transaction, not simply cause it to occur through actions unrelated to the debt

Levine v. World Finan. Network

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"

Rule 56 - Summary Judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Section 1601 - Congressional findings and declaration of purpose

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Section 1681 - Congressional findings and statement of purpose

Recognizing the need to protect "the consumer's right to privacy"

Section 1681n - Civil liability for willful noncompliance

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.

Section 1681b - Permissible purposes of consumer reports

Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

Section 1681a - Definitions; rules of construction

Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

Section 1681o - Civil liability for negligent noncompliance

Subjecting persons who "negligently" fail to comply to only compensatory damages

Section 1691a - Definitions; rules of construction

Defining an “applicant” entitled to protection under the Act without reference to the truth of the information supporting her application for credit

Section 6.27.005 - Legislative intent