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UNITED STATES v. BORMES

Docket No.: 11-192
Certiorari Granted: Jan 13 2012
Argued: October 2, 2012
Decided: November 13, 2012

Topics:

Bankruptcy, Civil Procedure, Commerce Clause, EPA, Environmental Protection Agency, FLSA, FTCA, Fair Credit Reporting Act, Fair Labor Standards Act, False Claims Act, Federal Tort Claims, Federal Tort Claims Act, Internal Revenue Code, Medicaid, Medicare, Privacy Act, Quiet Title Act, Title VII, Truth in Lending, Uniform Code of Military Justice, attorney fees, copyright, credit reports, judicial review, patent, privacy, sovereign immunity, willful violation, willfulness

PartyNames: United States v. James X. Bormes
Petitioner: United States
Respondent: James X. Bormes

Court Below: United States Court of Appeals for the Federal Circuit
Citation: 626 F.3d 574
Lower Court Decision
Supreme Court Docket
Supreme Court Observer Blog Post for UNITED STATES v. BORMES

United States
v.
James X. Bormes
Facts:

Attorney Bormes used his pesonal credit card to pay the filing fee for a lawsuit in federal court. The government's computerized system sent a receipt which included sensitive information that could be used by identity thieves, and which should not have been disclosed under the Fair Credit Reporting Act (FRCA). Bornes brought a class-action for the breach of privacy, and the Federal Government was unhappy with the ruling, which was in Bornes' favor. Its defense rejected, the Justice Department went to the Supreme Court seeking reversal of the Circuit Court for the Federal Circuit.

Question Presented:

Whether the Little Tucker Act, 28 U.S.C. 1346(a)(2), waives the sovereign immunity of the United States with respect to damages actions for violations of the Fair Credit Reporting Act, 15 U.S.C. 1681 et seq.

UNITED STATES v. BORMES
ORAL ARGUMENT

October 2, 2012

Listen to Oral Argument in UNITED STATES v. BORMES
Holding: VACATED AND REMANDED
Vote: 9-0
For more coverage on UNITED STATES v. BORMES please see our blog posting.
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