Litigation Byte
Litigation Byte (April 2025 Edition)
Read Time: 2 minsDelivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. Subscribe here.
Federal Court Finds Causation Lacking on Negligence Claim Under FCRA, But Leaves Door Open on Claim of Willful Violation
A federal Judge for the United States District Court for the District of Arizona recently granted in part and denied in part a consumer reporting agency’s motion for summary judgment, with respect to claims raised by the Plaintiff under the Fair Credit and Reporting Act.
Court Finds TILA Statute of Limitation is Not Equitably Tolled
On March 31, 2025, the Western District of New York dismissed a pro se plaintiff’s Truth-in-Lending Act claim as being time-barred.
Court Awards No Actual, Statutory, Reputational, or Punitive Damages for FCRA Violation in Wrongful Termination Suit
Plaintiff brought action in the Northern District of Georgia after being terminated by Defendant without receiving pre-adverse notice, in violation of the Fair Credit Reporting Act. Because the FCRA violation itself was not disputed, this Court only considered whether Plaintiff adequately established actual, statutory, reputational, punitive, and emotional distress damages resulting from the FCRA violation and whether Defendant’s conduct was willful.
SCOTUS to Decide Whether a Class Can Be Certified Despite Some of Members Lacking Damages
On April 29, 2025, the U.S. Supreme Court heard oral arguments in Laboratory Corporation of America Holdings, d/b/a Labcorp v. Davis et al. to determine whether certification is appropriate in a class action when certain class members may have not suffered a cognizable injury under Article III of the U.S. Constitution.
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