Rivera v. Allstate Ins. Co.

Federal 7th Circuit Court
Civil Court
Standing
Citation
Case Number: 
Nos. 17-1310 & 17-1649 Cons.
Decision Date: 
January 14, 2019
Federal District: 
N.D. Ill., E. Div.
Holding: 
Vacated and remanded

Plaintiffs lacked standing to assert violation of section 1681a(y)(2) of Fair Credit Reporting Act (FCRA), arising out of claim that defendant-employer failed to provide them with copy of investigation report generated by defendant’s attorney that was used to support their terminations. Defendant was required to only give oral summary of said report after their terminations, and as such, any alleged violation constituted only procedural violation that was unaccompanied by any concrete harm or risk of harm to plaintiffs that was protected by FCRA. Moreover, because plaintiffs lacked standing to pursue FCRA claim, Dist. Ct. could not adjudicate plaintiffs’ defamation claims under supplemental jurisdiction provision of 28 USC section 1367(a), since supplemental jurisdiction may only be invoked where Dist. Ct. has original subject matter jurisdiction over another claim in case. Original opinion addressed merits of defamation claims and found that record had failed to support jury’s verdict in favor of plaintiffs on said defamation claims. (Original opinion filed October 31, 2018.)