Narrative Opinion Summary
The court is divided on the appeal regarding the dismissal of a complaint under the Fair Credit Reporting Act (15 U.S.C. 1681-1681u). A majority comprising Chief Judge Wollman, Judges Bowman, Beam, Loken, and Hansen supports affirming the district court’s dismissal. Conversely, Judges Heaney, McMillian, Richard S. Arnold, Morris Sheppard Arnold, and Murphy advocate for reversing the dismissal. Due to an equally divided court, the district court's order remains affirmed.
Legal Issues Addressed
Affirmation of Lower Court's Decision Due to Equal Divisionsubscribe to see similar legal issues
Application: When the appellate court is equally divided in opinion, the lower court's decision is affirmed by default.
Reasoning: Due to an equally divided court, the district court's order remains affirmed.
Judicial Division in Appellate Court Decisionssubscribe to see similar legal issues
Application: The case demonstrates a split among the appellate judges, with a majority supporting the dismissal of the complaint under the Fair Credit Reporting Act and a minority opposing it.
Reasoning: A majority comprising Chief Judge Wollman, Judges Bowman, Beam, Loken, and Hansen supports affirming the district court’s dismissal. Conversely, Judges Heaney, McMillian, Richard S. Arnold, Morris Sheppard Arnold, and Murphy advocate for reversing the dismissal.