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BORMES v. U.S.

No. 2009-1546.

626 F.3d 574 (2010)

James X. BORMES, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 16, 2010.

Attorney(s) appearing for the Case

John G. Jacobs , The Jacobs Law Firm, CHTD., of Chicago, IL, argued for plaintiff-appellant.

Henry C. Whitaker , Trial Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Tony West , Assistant Attorney General, and Mark B. Stern , Attorney. Of counsel was Timothy P. Mcilmail, Attorney.

Before RADER, Chief Judge, and NEWMAN and MOORE, Circuit Judges.

RADER, Chief Judge.

James Bormes appeals the dismissal of his class action lawsuit under the Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681n(a). See Bormes v. United States, 638 F.Supp.2d 958 (N.D.Ill.2009). Because FCRA is a money-mandating statute that supports jurisdiction under 28 U.S.C. § 1346(a)(2), this court vacates the dismissal and remands for further proceedings.

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