3/17/2008 - Neal Moore Obtains Summary Judgment in Fair Credit Reporting Case
On March 17, 2008, United States District Court Judge Callie Granade granted Summary Judgment in favor of Mr. Moore's client on all counts asserted by the plaintiff. The case involved alleged violations of the Fair Credit Reporting Act as well as state law claims for defamation, negligence and wantonness. On Mr. Moore's motion, the Court ruled correctly that the state law claims were preempted by 15 U.S.C. § 1681t(b)(1)(F). As such, the only remedy available to the plaintiff was a cause of action under the FCRA. In this case, however, the plaintiff had not met the statutory prerequisites to trigger any duty of the defendant pursuant to 15 U.S.C. § 1681s-2(b)(1)(A)-(D). The decision of the Court was not appealed.
Congratulations to Mr. Moore and the Financial Services Litigation Group for resolving this case for the client without the need for paper discovery or depositions. For more information regarding the FSL Group, please contact Mr. Moore, Mr. Young or Mr. Ferguson.
