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Thomas Robins v. Spokeo, Inc.

OPPOSITION to MOTION to Certify THE MAY 11, 2011 ORDER FOR INTERLOCUTORY APPEAL AND STAY ACTION PURSUANT TO 28 U.S.C. SECTION 1292

31 Cited authorities

  1. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,115 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  2. Linda R. S. v. Richard D

    410 U.S. 614 (1973)   Cited 3,688 times   1 Legal Analyses
    Holding that a mother lacked standing to seek an injunction to force the prosecution of her child’s father for failing to pay child support, reasoning that because prosecution would result only in the father being jailed, it was overly "speculative" whether an injunction would result in future child support payments

  3. Coopers Lybrand v. Livesay

    437 U.S. 463 (1978)   Cited 2,829 times   32 Legal Analyses
    Holding that a district court's "discretionary" determination that a suit may not proceed as a class action under Federal Rule of Civil Procedure 23 was not a "final decision" appealable under § 1291

  4. Couch v. Telescope Inc.

    611 F.3d 629 (9th Cir. 2010)   Cited 452 times
    Holding that "single, non-binding, advisory opinion by a division of California Attorney General's office is not 'substantial' ground for disagreement as to the controlling law."

  5. Ahrenholz v. Board of Trustees of the University of Illinois

    219 F.3d 674 (7th Cir. 2000)   Cited 603 times   1 Legal Analyses
    Holding that a "question of law" under § 1292(b) "means an abstract legal issue rather than an issue of whether summary judgment should be granted"

  6. Guerrero v. Gates

    442 F.3d 697 (9th Cir. 2006)   Cited 484 times   1 Legal Analyses
    Holding that the plaintiff could not “now use his failure timely to pursue habeas remedies as a shield against the implications of Heck ”

  7. McFarlin v. Conseco Services, LLC

    381 F.3d 1251 (11th Cir. 2004)   Cited 415 times   1 Legal Analyses
    Holding that certification is proper "only in exceptional cases where a decision of the appeal may avoid protracted and expensive litigation . . . and there is serious doubt as to how [a dispositive question] should be decided"

  8. Nelson v. Chase Manhattan Mortgage Corp.

    282 F.3d 1057 (9th Cir. 2002)   Cited 421 times   1 Legal Analyses
    Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"

  9. In re Cement Antitr. Litigation

    673 F.2d 1020 (9th Cir. 1981)   Cited 641 times
    Holding that interlocutory appeal is only justified under "exceptional circumstances."

  10. Edwards v. the First American Corp.

    385 F. App'x 629 (9th Cir. 2010)   Cited 106 times   16 Legal Analyses
    Holding that a statutory violation alone is enough

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,322 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. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,618 times   198 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,479 times   195 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,736 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  15. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,375 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.

  16. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,432 times   67 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

  17. Section 1691e - Civil liability

    15 U.S.C. § 1691e   Cited 499 times   9 Legal Analyses
    Holding "[a]ny creditor who fails to comply" liable, with creditors defined within § 1691a(e) as persons