Experian prevails in appeal before Second Circuit stemming from negligence action

Client(s) Experian Information Solutions, Inc.

Jones Day successfully defended a judgment in favor of client Experian Information Solutions, Inc., a national consumer credit reporting agency, in an appeal to the Second Circuit. The plaintiff brought negligence claims in New York state court based on alleged inaccuracies in his personal credit file. Experian removed the case to federal court and obtained summary judgment on grounds of federal preemption and timeliness. The plaintiff appealed that ruling, arguing that defects in the removal procedure deprived the district court of jurisdiction. The Second Circuit accepted Experian's arguments that federal subject-matter jurisdiction was at all times proper and that the Plaintiff had waived any argument regarding defects in the removal procedure, and affirmed the judgment.

Keith A. Holmes v. Experian Information Solutions, Inc., Case No. 1:09-cv-00874-TPG (SDNY), Case No. 11-4705-cv (2d Cir. 2013)