Use this button to switch between dark and light mode.

Experience a New Era in Legal Research with Free Access to Lexis+

Gorman v. Wolpoff & Abramson, LLP

Gorman v. Wolpoff & Abramson, LLP

United States Court of Appeals for the Ninth Circuit

July 17, 2008, Argued and Submitted, San Francisco, California; October 21, 2009, Amended

No. 06-17226

Opinion

 [*1151]  AMENDED OPINION

BERZON, Circuit Judge:

John Gorman tried to buy a satellite television system using his credit card, issued by MBNA America Bank. He was unsatisfied with the system purchased, and lodged a challenge with MBNA to dispute the charge. Unhappy with MBNA's response, Gorman instituted this lawsuit against MBNA, alleging violations of the Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x, libel, and violations of California Civil Code section 1785.25(a). The district court dismissed his California statutory claim and granted MBNA summary judgment on the other causes of action. Gorman v. Wolpoff & Abramson, LLP ("Gorman I"), 370 F. Supp. 2d 1005 (N.D. Cal. 2005); [**2]  Gorman v. Wolpoff & Abramson, LLP ("Gorman II"), 435 F. Supp. 2d 1004 (N.D. Cal. 2006). We affirm in part and reverse in part.

I. BACKGROUND

In December 2002, John Gorman paid for the delivery and installation of a new satellite TV system on a Visa credit card issued by MBNA America Bank ("MBNA"). The charge, $ 759.70, was posted on his January 2003 credit card statement. According to Gorman, the merchant, Four Peaks Home Entertainment ("Four Peaks"), delivered a used and defective TV system and botched the installation, damaging his house in the process. Gorman told Four Peaks he was refusing delivery of the goods and asked for a refund, but Four Peaks refused to refund the charges unless Gorman arranged to return the TV system. The defective equipment is still in Gorman's possession. 2 

In February 2003, Gorman notified MBNA that he was disputing the charges and submitted copies of emails between himself and Four Peaks. The attached emails showed that Gorman had informed a Four Peaks representative that the delivered goods were "unacceptable and [were] rejected." He also noted damage from the installation and notified Four Peaks that he "plan[ned] to dispute the credit card charges in their entirety, as the damage exceeds the amount of the charges."

Read The Full CaseNot a Lexis Advance subscriber? Try it out for free.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.

584 F.3d 1147 *; 2009 U.S. App. LEXIS 23704 **

JOHN C. GORMAN, an individual, Plaintiff-Appellant, v. WOLPOFF & ABRAMSON, LLP; MBNA AMERICA BANK, N.A., Defendants-Appellees.

Subsequent History: US Supreme Court certiorari denied by FIA Card Servs., N.A. v. Gorman, 131 S. Ct. 71, 178 L. Ed. 2d 23, 2010 U.S. LEXIS 6551 (U.S., 2010)

Prior History:  [**1] Appeal from the United States District Court for the Northern District of California. D.C. No. CV-04-04507-JW. James Ware, District Judge, Presiding.

Gorman v. Wolpoff & Abramson. LLP, 435 F. Supp. 2d 1004, 2006 U.S. Dist. LEXIS 44999 (N.D. Cal., 2006)Gorman v. Wolpoff & Abramson, LLP, 552 F.3d 1008, 2009 U.S. App. LEXIS 585 (9th Cir. Cal., 2009)Gorman v. Wolpoff & Abramson, LLP, 370 F. Supp. 2d 1005, 2005 U.S. Dist. LEXIS 14049 (N.D. Cal., 2005)

CORE TERMS

notice, consumer, disputed, furnisher, charges, summary judgment, reporting, credit report, obligations, inaccurate, preempted, district court, investigate, records, verify, delinquency, incomplete, notify, reinvestigation, malice, consumer reporting agency, sufficient evidence, credit reporting, libel claim, preemption, sections, preemption provision, receive notice, private right of action, misleading

Commercial Law (UCC), Standards of Performance & Liability, Breach, Excuse & Repudiation, Rejection of Goods, Civil Procedure, Summary Judgment, Summary Judgment Review, Standards of Review, Entitlement as Matter of Law, Appropriateness, Burdens of Proof, Nonmovant Persuasion & Proof, Appeals, Standards of Review, De Novo Review, Banking Law, Consumer Protection, Fair Credit Reporting, Liability for Violations, General Overview, Evidence, Inferences & Presumptions, Presumptions, Governments, Legislation, Interpretation, Truth in Lending, Hearsay, Rule Components, Truth of Matter Asserted, Torts, Intentional Torts, Defamation, Libel, Consumer Reports, State Law, Federal Preemption, Remedies, Fair Debt Collection