Pending Supreme Court Decision Could Affect Possible Class-Action Claim Against Dish

Dish Network's argument for a delay in certifying the class in a lawsuit focuses on an "attenuated and nebulous" argument that the Supreme Court's pending decision in a separate case could have some bearing, the plaintiffs in Ernst et al. v. Dish and Sterling Infosystems said in an opposition memorandum of law filed Tuesday in U.S. District Court in Manhattan. The 2012 suit (case No. 1:12-cv-08794-LGS) alleges Dish and background check company Sterling violate the federal Fair Credit Reporting Act (FCRA) in their use of credit reports to do background checks on prospective employees or subcontractors. Dish earlier this month filed a motion to stay the plaintiffs' motion for class certification, saying the Spokeo vs. Robbins case now before the Supreme Court -- which also involves alleged FCRA violations -- will affect class certification and court jurisdiction issues. But Dish has litigated the case for months with Spokeo pending, and "only now, facing an adverse decision on class certification" does the Supreme Court matter come up, the plaintiffs said. For Spokeo to overlap into the Dish case, they said, "the Court would be required to issue a sweeping decision extending well beyond the issues presented and to overturn well-established precedent regarding informational injuries."