Supreme Court of the United States
United States v. Bormes
November 13, 2012568 U.S. 6
Summary
The Court holds that where a statute provides its own self-executing remedial scheme, the Little Tucker Act cannot provide the sovereign immunity waiver necessary to authorize damages claims against the United States under that statute. Because the Fair Credit Reporting Act contains detailed judicial remedies, the Federal Circuit erred in holding that the Tucker Act waives immunity through a 'fair interpretation' standard.
Holding
- Whether the Little Tucker Act waives sovereign immunity for FCRA damages actions. The Little Tucker Act does not waive sovereign immunity where the underlying statute contains its own self-executing remedial scheme.
Docket 11-192
Cited authorities
- 28 U.S.C. § 1346
- 15 U.S.C. § 1681
- 84 Stat. 1128
- 15 U.S.C. § 1681
- 28 U.S.C. § 1346
- 28 U.S.C. § 1295
- 28 U.S.C. § 1346
- 10 Stat. 612
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