In an issue of first impression, the state Superior Court has forged Pennsylvania case law from a conflicting body of federal cases dealing with the federal Fair Credit Reporting Act’s pre-emption of common law causes of action.
While a trio of federal decisions examined by the unanimous three-judge panel varied in their interpretations of the FCRA’s pre-emption provisions, the appeals court found all the cases pointed to the same conclusion: a Pennsylvania couple is prohibited from suing their mortgage company for negligence and defamation. Key to the holding was the fact that the couple failed to plead malice of willful intent to injure.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
