United States v. Bormes

 
DOCKET NO.
OP. BELOW
SUBJECT
Little Tucker Act
AUTHOR
Scalia

Question(s) Presented

“[W]hether 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.”

Holding

“Without resort to the Tucker Act, FCRA enables claimants to pursue in court the monetary relief contemplated by the statute. Plaintiffs cannot, therefore, mix and match FCRA’s provisions with the Little Tucker Act’s immunity waiver to create an action against the United States. Since FCRA is a detailed remedial scheme, only its own text can determine whether the damages liability Congress crafted extends to the Federal Government.”

Date
Proceedings and Orders
October 2, 2012