FRANK MCKENNA v. DILLON TRANSPORTATION, LLC - Articles

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FRANK MCKENNA v. DILLON TRANSPORTATION, LLC

Posted by: Karen Belcher on Apr 2, 2024

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Gary D. Copas, Nashville, Tennessee, for Appellant.

Attorneys 2: ARGUED: Jeffrey E. Cox, LAW OFFICE OF SEATON & HUSK, LP, Vienna, Virginia, for Appellee.

Attorneys 3: ON BRIEF: Gary D. Copas, Nashville, Tennessee, for Appellant.

Attorneys 4: ON BRIEF: Jeffrey E. Cox, Henry E. Seaton III, LAW OFFICE OF SEATON & HUSK, LP, Vienna, Virginia, for Appellee.

Judge(s): GRIFFIN, THAPAR, and NALBANDIAN, Circuit Judges

Court Appealed: United States District Court for the Middle District of Tennessee at Nashville

NALBANDIAN, Circuit Judge. HireRight, LLC is a consumer reporting agency that collects information about truck drivers and then provides that information to employers who are thinking about hiring those drivers. Defendant Dillon Transportation, LLC gave HireRight a report about one of its former drivers, Plaintiff Frank McKenna. McKenna later sued Dillon for defamation based on the report. On summary judgment, the district court found that the Fair Credit Reporting Act preempted McKenna’s claim. The court also refused to defer its ruling to let McKenna obtain additional discovery. McKenna appeals, but finding no error, we AFFIRM.

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