Radian Guaranty, Inc. v. Whitfield
- Case Date: 1/28/2008
- Project Name: Civil Justice Reform
On June 9, 2008, the U.S. Supreme Court vacated a troubling appeals court decision that threatened to expose the business community to crippling liability awards under the Fair Credit Reporting Act (FCRA). The action was a victory for WLF, which filed a brief urging the Court to grant review and overturn the appeals court decision. WLF urged the Court to crack down on frivolous lawsuits filed by plaintiffs' attorneys against the insurance industry, alleging technical violations of FCRA but seeking billions of dollars in damages. WLF argued that attorneys for plaintiffs in FCRA suits rarely claim that their clients suffered any real damages for alleged violations of FCRA disclosure provisions, and are simply trying to extort settlements from deep-pocketed defendants. WLF argued that the plaintiffs in this case could not show that any alleged violations were committed "willfully" and that the suit must be dismissed in the absence of such a showing.
More Information and Downloads:
1/28/2008: Download the Brief
Litigation Update: Supreme Court Vacates Troubling Insurance Precedent
Press Release: Court Urged to Crack Down on Frivolous Insurance Suits