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United States v. Bormes

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Docket No. Op. Below Argument Opinion Vote Author Term
11-192 Fed. Cir. Oct 2, 2012 Nov 13, 2012 9-0 Scalia OT 2012

Holding: The Little Tucker Act does not waive the government’s sovereign immunity with respect to Fair Credit Reporting Act damages actions.

Plain English Holding: After James Bormes paid a fee to the United States over the Internet, he argued that the receipt displayed too much information about his credit card. When he tried to sue the United States for damages under the Fair Credit Reporting Act (FCRA), the federal government countered that it was immune from lawsuits seeking money. A federal court in Washington agreed with Bormes, concluding that he could sue the United States for money damages under the Little Tucker Act, which allows lawsuits like the one brought by Bormes to go forward in the federal trial courts around the country. The government asked the Supreme Court to hear the case, and the Court reversed. It held that the Little Tucker Act did not apply to cases brought under the FCRA, and it sent the case to another federal court for it to decide whether the suit should still go forward under that Act.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Scalia on November 13, 2012.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Jun 2 2011Application (10A1172) to extend the time to file a petition for a writ of certiorari from June 13, 2011 to July 13, 2011, submitted to The Chief Justice.
Jun 3 2011Application (10A1172) granted by The Chief Justice extending the time to file until July 13, 2011.
Jul 1 2011Application (10A1172) to extend further the time to file a petition for a writ of certiorari from July 13, 2011 to August 12, 2011, submitted to The Chief Justice.
Jul 1 2011Application (10A1172) granted by The Chief Justice extending the time to file until August 12, 2011.
Aug 12 2011Petition for a writ of certiorari filed. (Response due September 15, 2011)
Sep 28 2011DISTRIBUTED for Conference of October 14, 2011.
Oct 6 2011Response Requested . (Due November 7, 2011)
Oct 19 2011Order extending time to file response to petition to and including December 7, 2011.
Dec 7 2011Brief of respondent James X. Bormes in opposition filed.
Dec 21 2011DISTRIBUTED for Conference of January 13, 2012.
Dec 22 2011Reply of petitioner United States filed. (Distributed)
Jan 13 2012Petition GRANTED.
Feb 17 2012The time to file the joint appendix and petitioner's brief on the merits is extended to and including April 13, 2012.
Mar 9 2012Motion to dispense with printing the joint appendix filed by petitioner the United States.
Apr 2 2012Motion to dispense with printing the joint appendix filed by petitioner GRANTED.
Apr 13 2012Brief of petitioner the United States filed.
May 4 2012The time to file respondent's brief on the merits is extended to and including July 3, 2012.
Jul 3 2012Brief of respondent James X. Bormes filed.
Jul 23 2012SET FOR AGRUMENT ON Tuesday, October 2, 2012
Jul 24 2012CIRCULATED.
Jul 31 2012Record received from U.S.C.A. for Federal Circuit. (1 envelope)
Aug 2 2012Reply of petitioner the United States filed. (Distributed)
Aug 22 2012Record from U.S.D.C. for Northern District of Illinois is electronic.
Oct 2 2012Argued. For petitioner: Sri Srinivasan, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent: John G. Jabobs, Chicago, Ill.
Nov 13 2012Judgment VACATED and case REMANDED. Scalia, J., delivered the opinion for a unanimous Court.
Dec 17 2012JUDGMENT ISSUED.
Apr 23 2013Record returned to U.S.C.A. for Federal Circuit.