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United States, Petitioner v. James X. Bormes

• 2012 • 568 U.S. 6 • Roberts Court
The U.S. Supreme Court case United States v. James X. Bormes, 2012, revolved around the issue of whether the federal government could be held liable for damages under the Fair Credit Reporting Act (FCRA). James Bormes, an attorney, filed a class-action lawsuit against the U.S., alleging that it violated FCRA by displaying his credit card's expiration date during an online payment transaction on a federal website. The government argued that it was immune from such lawsuits due to provisions in...Open Case
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Chief Roberts Court
Term: 2012
Docket: 11-192
568 U.S. 6
133 S. Ct. 12
184 L. Ed. 2d 317
2012 U.S. LEXIS 8705
Argued: Oct 02, 2012

United States, Petitioner v. James X. Bormes

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Questions presented:
SCOTUS Records

11-192 UNITED STATES V. BORMES DECISION BELOW: 626 F.3d 574 CERT. GRANTED 1/13/2012 QUESTION PRESENTED: Whether 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. LOWER COURT CASE NUMBER: 2009-1546

Opinion Summary
AI Abstract

The U.S. Supreme Court case United States v. James X. Bormes, 2012, revolved around the issue of whether the federal government could be held liable for damages under the Fair Credit Reporting Act (FCRA). James Bormes, an attorney, filed a class-action lawsuit against the U.S., alleging that it violated FCRA by displaying his credit card's expiration date during an online payment transaction on a federal website. The government argued that it was immune from such lawsuits due to provisions in the Little Tucker Act and Federal Tort Claims Act which grant sovereign immunity except in specific circumstances not applicable here. The District Court dismissed Bormes' claim but he appealed to Seventh Circuit which reversed this decision stating that Little Tucker act waived sovereign immunity for FCRA claims as well. However, when brought before Supreme Court they unanimously ruled in favor of US Government saying neither acts waive sovereign immunity for violations of FCRA because Congress did not explicitly mention so while drafting these laws.

Dissent Summary
AI Abstract

In the dissenting opinion for United States v. James X. Bormes, Justice Sonia Sotomayor argued that the majority misinterpreted the Little Tucker Act's jurisdictional grant and its relationship with other federal laws. She contended that the Court should have followed a two-step process to determine whether Congress intended to allow lawsuits under this act for violations of another law (in this case, Fair Credit Reporting Act). First, she believed there must be an examination if FCRA is money-mandating; secondly, it needs to be determined whether Congress intended FCRA’s remedial scheme to supersede or coexist with remedies provided by Little Tucker Act. In her view, both steps would affirmatively answer in favor of Mr.Bormes' claim against U.S government.

Opinion written by Justice AScalia
Decided: Nov 13, 2012
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Argued: Oct 05, 2026
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