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So let's sum this up – here we have a frivolous SLAPP-like lawsuit filed by a massive multinational oil company in an industry-friendly Texas jurisdiction seeking the court's heavy-handed smackdown of a totally reasonable investigation (known in legal parlance as a Civil Investigative Demand or CID) launched by the attorneys general of 17 states.
While federal law requires credit bureaus to conduct a reasonable investigation of consumer complaints, the marketplace can penalize credit bureaus that investigate too aggressively.
In all cases of misconduct, providing that the reason for the dismissal is the misconduct, the employer carries out a reasonable investigation and the sanction of dismissal falls within the reasonable range of responses open to the employer, a resulting dismissal would be fair.
To that extent the board acted in good faith and upon reasonable investigation.
However, they satisfy that burden "by showing good faith and reasonable investigation.... .. Id. at 555.
Directors satisfy the first part of the Unocal test by demonstrating good faith and reasonable investigation.
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(i) Conducting reasonable investigations of disputes.
Meanwhile, "reasonable investigations" by the bureaus are almost meaninglessly brief, with almost no communication with the lender.
At the time the staff were employed, the contract between IHMS and the immigration department said that "appropriate and reasonable investigations of the suitability" of staff needed to be undertaken, which must comprise "a review of each individual's criminal, medical professional and employment history".
The decision, written by Justice Samuel Alito, declares that, "Reasonable investigations of applicants and employees aid the government in ensuring the security of its facilities and in employing a competent, reliable workforce".
Only now, decades after Congress established the reasonable-investigation requirement, are credit bureaus experimenting with sending lenders the actual consumer complaints.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com