Gordon v. Pete’s Auto Service
Gordon v. Pete’s Auto Service (2011)
1) Link to the Actual Opinion
Read the opinion (Justia link)
2) Summary of the Opinion
The case addressed whether protections under the Servicemembers Civil Relief Act (SCRA) extend to a servicemember’s dependents. Gordon, the spouse of a deployed servicemember, sought protection under the SCRA. The Fourth Circuit held that SCRA protections do extend to dependents in certain circumstances.
3) Why It Mattered
This case clarified that SCRA’s shield is not limited strictly to servicemembers but can also safeguard their families, reflecting Congress’s intent to protect the military household.
4) What It Provided or Took Away
- Provided: Recognition that dependents benefit from SCRA protections.
- Took Away: Narrow interpretations that left military families vulnerable.
5) Overreach or Proper Role?
The court acted in line with SCRA’s purpose, ensuring that protections are meaningful for both servicemembers and their families.
6) Plain-English Impact Today
SCRA protections—like lease terminations, foreclosure stays, or interest rate caps—can cover military spouses and dependents, not just the servicemember.