Close X
Attorney Spotlight

After finishing her first year as an associate at Bass, Berry & Sims, find out what advice Margaret Dodson offers to new attorneys. Read more>


Close X


Search our Experience

Experience Spotlight

On December 1, 2016, Parker Hannifin Corporation and CLARCOR Inc. announced that the companies have entered into a definitive agreement under which Parker will acquire CLARCOR for approximately $4.3 billion in cash, including the assumption of net debt. The transaction has been unanimously approved by the board of directors of each company. Upon closing of the transaction, expected to be completed by or during the first quarter of Parker’s fiscal year 2018, CLARCOR will be combined with Parker’s Filtration Group to form a leading and diverse global filtration business. Bass, Berry & Sims has served CLARCOR as primary corporate and securities counsel for 10 years and served as lead counsel on this transaction. Read more here.

Close X

Thought Leadership

Enter your search terms in the relevant box(es) below to search for specific Thought Leadership.
To see a recent listing of Thought Leadership, click the blue Search button below.

Thought Leadership Spotlight

Blueprint for an IPO

Companies go public to raise capital to fuel growth, pay down debt and provide liquidity to shareholders. Although all issuers and offerings are different, the basic process of going public remains relatively constant. Blueprint for an IPO identifies the key players, details the process and identifies the obligations companies will face after going public.

Read now

Ninth Circuit Reinstates FCRA Claim


February 12, 2014

In Robins v. Spokeo, Inc., the U.S. Court of Appeals for the Ninth Circuit recently held that a plaintiff had Article III standing to pursue a claim for statutory damages under the Fair Credit Reporting Act (FCRA), even in the absence of actual harm. The decision reversed the judgment of the district court, which had dismissed the lawsuit on the basis that the plaintiff's mere recitation of a violation of the FCRA was not sufficient, by itself, to constitute injury in fact under Article III.

As we previously have reported, this issue – whether a plaintiff must allege actual harm in order to maintain constitutional standing – continues to make its way up to the federal circuit courts of appeal under the FCRA, the Real Estate Settlement Procedures Act (RESPA), and other federal consumer protection statutes. Robins adds to a growing number of appellate court decisions that have rejected defendants' attempts to short circuit class action lawsuits based on the argument that plaintiffs lack Article III standing. Given the Ninth Circuit's prior decision in Edwards v. First American Corp., the RESPA case that was briefed and argued (but not decided on the merits) in the U.S. Supreme Court, the court's decision in Robins was not surprising. Nonetheless, the case attracted significant attention, including amicus briefs in support of the defendant filed by Experian and the Consumer Data Industry Association.

An interesting side note to the court's decision in Robins is its reliance on the Sixth Circuit's decision in Beaudry v. TeleCheck Services, Inc. Like Robins, that decision reinstated a claim for statutory damages under the FCRA after it previously had been dismissed by the district court. Our law firm represented the defendant in Beaudry at the trial court and on appeal. Although the court's decision in Beaudry discusses the issue of Article III standing, it was neither raised nor briefed by the parties. The defendant's appellate brief instead argued that "actual harm" was required as a matter of statutory interpretation. Prior to the FCRA amendment that allowed claims for statutory damages, the elements of a claim under FCRA § 607(b) required a showing of injury. In Beaudry, we argued that Congress intended statutory damages to provide a remedy when damages were difficult to quantify, not to displace the requirement that a plaintiff prove injury under this particular section of the FCRA. It is unfortunate that the court's dictum in Beaudry, which did not benefit from briefing by the parties, now finds itself as authority upon which other courts may rely.

For more information about the content of this alert, please contact the author listed above.

Related Professionals

Related Services


Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.