§Why CasetextPricing

Rothery v. Equifax Credit Information Services Inc et al

Memorandum in Support of Motion.

13 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,946 times   38 Legal Analyses
    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"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,766 times   40 Legal Analyses
    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"

  3. Guimond v. Trans Union Credit Information Co.

    45 F.3d 1329 (9th Cir. 1995)   Cited 411 times
    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

  4. Cahlin v. General Motors Acceptance Corp.

    936 F.2d 1151 (11th Cir. 1991)   Cited 327 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

  5. Crabill v. Trans Union

    259 F.3d 662 (7th Cir. 2001)   Cited 201 times
    Holding that a plaintiff cannot base standing on a claim for attorneys' fees alone

  6. Spence v. TRW, Inc.

    92 F.3d 380 (6th Cir. 1996)   Cited 66 times
    Holding that plaintiff could not prevail on his § 1681e(b) claim "without proving the information in question was inaccurate"

  7. Hauser v. Equifax, Inc.

    602 F.2d 811 (8th Cir. 1979)   Cited 88 times
    Finding no evidence of damages where an insurer refused to continue plaintiff's disability payments even after receiving information correcting a credit report error

  8. First Nat. Ins. Co. v. F.D.I.C.

    977 F. Supp. 1051 (S.D. Cal. 1997)   Cited 46 times
    Deciding facts

  9. Thomas v. Trans Union LLC

    197 F. Supp. 2d 1233 (D. Or. 2002)   Cited 38 times
    Holding that a "reasonable procedure defense creates a jury question"

  10. Whelan v. Trans Union Credit Reporting Agency

    862 F. Supp. 824 (E.D.N.Y. 1994)   Cited 46 times
    Holding to establish a claim under § 1681e(b), plaintiff must demonstrate injury

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 331,402 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 49,437 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,397 times   192 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"