Legal Opinion · Dissent

Rolando Serna v. Law Office of Joseph Onwuteaka, e

Court of Appeals for the Fifth Circuit

Decided October 7, 2013No. 12-20529Published

1DissentJerry E. Smith, Circuit Judge

In the majority’s view, to “bring such action,” 15 U.S.C. § 1692i(a)(2), refers to something different from “[a]n action ... may be brought,” id. § 1692k(d). At first blush, that notion is counterintuitive; on careful examination, it is demonstrable error: Those nearly identical phrases are found in the same act and should be given the same meaning. I respectfully dissent.

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To interpret “bring such action,” we ought to begin, “[a]s in any statutory construction ease[,] ... with the statutory text, and proceed from the understanding that [ujnless otherwise defined, statutory terms are…

2Cases cited18 opinions

  1. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  2. Desert Palace, Inc. v. CostaSupreme Court of the United States · 2003
  3. Brown v. GardnerSupreme Court of the United States · 1994
  4. King v. St. Vincent's HospitalSupreme Court of the United States · 1991
  5. Henderson v. United StatesSupreme Court of the United States · 1996

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