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Koons Buick Pontiac GMC, Inc. v. Nigh, Bradley

Docket No.: 03-377
Certiorari Granted: Jan 20 2004
Argued: October 5, 2004
Decided: November 30, 2004

Topics:

Truth in Lending, Economic Activity, Truth in Lending

PartyNames: Koons Buick Pontiac GMC, Inc. v. Bradley Nigh
Petitioner: Koons Buick Pontiac GMC, Inc.
Respondent: Bradley Nigh

Court Below: United States Court of Appeals for the Fourth Circuit
Citation: 319 F3d 119
Supreme Court Docket

Koons Buick Pontiac GMC, Inc.
v.
Bradley Nigh
543 U.S. 50 (2004)
Question Presented:

Whether the §1,000 statutory limit originally adopted in 1968 as a cap on Truth in Lending Act (TILA) recoveries under 15 U.S.C. § 1640(a)(2)(A)(i) has been rendered inapplicable to that subpart by subsequent amendments to Section 1640(a)(2)(A) -- though there is no evidence of any Congressional intent to effect such a change -- so that parties who suffer no actual damages may now recover far in excess of the previous §1,000 cap.

Question:

Could parties who suffered no actual damages recover more than the Truth in Lending Act's original $1,000 cap because of subsequent amendments to the act?

Koons Buick Pontiac GMC, Inc. v. Nigh, Bradley
ORAL ARGUMENT

October 5, 2004

Holding: reversed and remanded
Decision: Decision: 8 votes for Koons Buick Pontiac GMC, Inc., 1 vote(s) against
Vote: 8-1
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