Experian obtains dismissal of class action
Clients Experian Information Solutions, Inc.
Jones Day, on behalf of Experian Information Solutions, Inc., recently obtained a complete dismissal with prejudice of putative class claims arising under the Fair Credit Reporting Act (“FCRA”) brought by a repeat plaintiffs’ firm on behalf of Lynn Travers and a putative nationwide class. Opposing counsel filed class claims in a new lawsuit following the denial of leave to amend to add class claims in a prior action in which Ms. Travers was the named plaintiff. In its responsive pleading, Experian moved to dismiss the newly filed complaint on the grounds that the complaint was barred by res judicata, and an attempt to circumvent the Court’s order denying leave to amend to add class claims in the prior action.
Although the first-filed action had yet to reach final judgment, and the law in the Ninth Circuit was unclear regarding application of the “final judgment” rule in the context of res judicata, the Court ultimately agreed with Experian and granted its motion. On March 1, 2018, after hearing lengthy oral argument on the motion (and other related motions), the Court granted Experian’s motion to dismiss with prejudice, agreeing that plaintiff’s putative class action was foreclosed by the doctrines of res judicata and claims splitting.
Jones Day also represents Experian in a string of class and individual actions in the U.S. District Court in Nevada, including the previously filed (and still pending) matter.
Lynn Travers v. Experian Information Solutions, Inc. et al., Case No. 2:17-cv-01591-JCM-CWH (D. Nev.)