Case Citator › Polly Ann Barber v. Kimbrell's, Inc., and Furniture Distributors, Inc.

Polly Ann Barber v. Kimbrell's, Inc., and Furniture Distributors, Inc.

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Fourth Circuit
Citation
577 F.2d 216
Decided
Confirmed treatments
1
Flagged citations read
33 of 33
Citing cases (total)
33
Treatment dates
2003
Superseded by statute
A reviewed court treats this case as superseded by later legislation. Barber v. Kimbrell's, Inc. was superseded as to who qualifies as an arranger of credit under the Truth in Lending Act. In Knapp v. Americredit Financial Services, Inc., the court held that a 1982 amendment to Regulation Z removed the definition on which that part of Barber rested.
More on how this was screened

The attorney fee factors Barber adopted continued to be applied by later courts. All 33 flagged citations have been read; the confirmed treatment is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

33 later cases cite Polly Ann Barber v. Kimbrell's, Inc., and Furniture Distributors, Inc.; 33 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Polly Ann Barber v. Kimbrell's, Inc., and Furniture Distributors, Inc.?

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Treatments

Superseded by statute

  • The 1982 Regulation Z amendment displaced Barber's holding that a company arranging credit could be liable under the Truth in Lending Act.

    Knapp v. Americredit Financial Services, Inc. · United States District Court for the Southern District of West Virginia · filed

    The relevant holding of Barber v. Kimbrell’s Inc., 577 F.2d 216, 220-21 (4th Cir.1978), the principal case that Plaintiffs cite, was abrogated by October 1, 1982 amendment of 12 C.F.R. § 226.2 removing the definition, “arranger of credit.”
    Read the full opinion on CourtListener →

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