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Talley v. US Dep't of Agric., No. 09-2123

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By FindLaw Staff on February 12, 2010 2:45 PM

In plaintiff's suit against the U.S. Department of Agriculture under the Fair Credit Reporting Act (FCRA) claiming that the Department violated the Act's requirements by reporting that plaintiff is behind on a loan that has been paid off on four separate occasions, judgment in favor of plaintiff is affirmed where: 1) the Tucker Act waives sovereign immunity for compensatory-damages claims under the Fair Credit Reporting Act; 2) the district court had subject matter jurisdiction under 28 U.S.C. section 1331 and 15 U.S.C. section 1681p; 3) attorney's fees as part of costs do not count toward the threshold set forth in the Tucker Act, any more than the costs themselves do; and 4) appellate jurisdiction exists as plaintiff appealed to section 1331 and section 1681p and did not invoke the Tucker Act as a grant of subject matter jurisdiction.  

Read Talley v. US Dep't of Agric., No. 09-2123

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division

Decided February 12, 2010

Judges

Before: Easterbrook. Chief Judge, and Rovner, and Tinder, Circuit Judges

Opinion by Chief Judge  Easterbrook

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