· 7/12/2006
Manno v. American General Finance Co.
Citations
- 439 F. Supp. 2d 418
- 2006 U.S. Dist. LEXIS 46902
- 2006 WL 1967338
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing plain language of § 1681t(b)(1)(B) indicates that it was intended to preempt only state regulations enacted after the passage of 1681(t)
- providing that, when possible, statutory provisions should be read harmoniously
- finding that Section 1681t(b)(1)(F) only preempts state sfafutory claims
- finding, at the summary judgment stage, that malice in this context may be shown by “the continued publication of a falsehood after the injured party requests a retraction”
- “[T]he statutory approach is the one most consistent with a close analysis of the statutory text and with the congressional intent underlying [the newer preemption provision].”
- “Congress’s explicit exclusion of a Massachusetts and a California statutory cause of action from preemption by t(b)(l)(F) is a strong indication that Congress intended t(b)(l)(F) to preempt statutory claims.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Anita B. Brody
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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