Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
Trump v. Anderson & Class Action Madness
Feb 8, 2024
Ted Frank, a legendary class action lawyer, discusses his career and debunking part of Justice Jackson's opinion. The hosts recap the oral argument of Trump v. Anderson, exploring legal issues. They also discuss two opinions on whistleblower protections and false credit reporting. The podcast delves into flaws in the class action system and the importance of prioritizing recovery for the class. They delve into Chief Justice Salmon P. Chase's ruling and discuss impeachment trials presided over by Chief Justices.
46:00
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Quick takeaways
- Consumers can sue federal agencies for negligent reporting, as sovereign immunity does not apply in such cases.
- Whistleblowers claiming retaliation only need to prove that their whistleblowing was a factor in their termination, simplifying the burden of proof.
Deep dives
Department of Agriculture vs Kurtz
In a unanimous decision, Justice Gorsuch ruled that a consumer can sue a federal agency for violating the Fair Credit Reporting Act. The case involved Kurtz, who secured and repaid a loan from the Department of Agriculture, but the department incorrectly reported the loan as unpaid, severely damaging Kurtz's credit. The court held that sovereign immunity does not apply in this case, allowing consumers to sue federal agencies for negligent reporting.
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