46 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,044 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,932 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Marrese v. American Academy of Ortho. Surgeons
470 U.S. 373 (1985) Cited 2,006 times
Holding that the full faith and credit statute, 28 U.S.C. § 1738, "directs a federal court to refer to the preclusion law of the State in which judgment was rendered"
Matsushita Elec. Industrial Co. v. Epstein
516 U.S. 367 (1996) Cited 527 times 10 Legal Analyses
Holding that the Exchange Act's exclusive-jurisdiction provision sought "to achieve greater uniformity of construction and more effective and expert application of that law"
La Grasta v. First Union Securities, Inc.
358 F.3d 840 (11th Cir. 2004) Cited 1,360 times 1 Legal Analyses
Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"
Bryant v. Avado Brands, Inc.
187 F.3d 1271 (11th Cir. 1999) Cited 1,281 times 2 Legal Analyses
Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”
Byrne v. Nezhat
261 F.3d 1075 (11th Cir. 2001) Cited 927 times 2 Legal Analyses
Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case
Sea-Land Services, Inc. v. Gaudet
414 U.S. 573 (1974) Cited 529 times
Holding that awards under the general federal maritime cause of action for wrongful death could include compensation for loss of society
Strat. Income Fund v. Spear, Leeds Kellogg
305 F.3d 1293 (11th Cir. 2002) Cited 696 times 1 Legal Analyses
Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through
Far Out Productions, Inc. v. Oskar
247 F.3d 986 (9th Cir. 2001) Cited 688 times
Holding that the nonmoving party may not defeat a summary judgment motion by standing on the bare allegations in the pleadings
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 346,241 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,377 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,945 times 317 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,003 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit
28 U.S.C. § 1738 Cited 7,522 times 15 Legal Analyses
Referring to "[t]he Acts of the legislature" in the full faith and credit context
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,218 times 83 Legal Analyses
Defining debt collector
Section 1640 - Civil liability
15 U.S.C. § 1640 Cited 4,914 times 25 Legal Analyses
Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
Section 2605 - Servicing of mortgage loans and administration of escrow accounts
12 U.S.C. § 2605 Cited 3,724 times 23 Legal Analyses
Describing "qualified written request"
Section 1641 - Liability of assignees
15 U.S.C. § 1641 Cited 1,337 times 14 Legal Analyses
Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605
Section 559.72 - Prohibited practices generally
Fla. Stat. § 559.72 Cited 468 times 7 Legal Analyses
Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"

Abanto v. Bank of New York Mellon Trust Company NA et al

46 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that the full faith and credit statute, 28 U.S.C. § 1738, "directs a federal court to refer to the preclusion law of the State in which judgment was rendered"

Holding that the Exchange Act's exclusive-jurisdiction provision sought "to achieve greater uniformity of construction and more effective and expert application of that law"

Holding that dismissal on statute-of-limitations grounds is "appropriate only if it is apparent from the face of the complaint that the claim is time-barred"

Holding that “a court, when considering a motion to dismiss in a securities fraud case, may take judicial notice . . . of relevant public documents required to be filed with the SEC”

Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

Holding that awards under the general federal maritime cause of action for wrongful death could include compensation for loss of society

Deciding that the third amended complaint, which contained 127 paragraphs, all incorporated by reference into nine separate counts created an "onerous task" for the trial court to sift through

Holding that the nonmoving party may not defeat a summary judgment motion by standing on the bare allegations in the pleadings

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Referring to "[t]he Acts of the legislature" in the full faith and credit context

Defining debt collector

Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

Describing "qualified written request"

Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

Prohibiting an "attempt ... to enforce a debt when [the debt collector] knows that the debt is not legitimate"