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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.