§Why CasetextPricing

Anthony Heras v. J.P.Morgan Chase National Corporate Services, Inc.

NOTICE OF MOTION AND MOTION to Dismiss Complaint

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,393 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,226 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  5. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,921 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  6. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 914 times   4 Legal Analyses
    Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

  7. Watters v. Wachovia Bank, N.A.

    550 U.S. 1 (2007)   Cited 258 times   6 Legal Analyses
    Holding that a national bank's mortgage lending activities, “whether conducted by the bank itself or through the bank's operating subsidiary, ” is governed by federal law and regulations rather than “the licensing, reporting, and visitorial regimes of the several States in which the subsidiary operates.”

  8. Robertson v. Dean Witter Reynolds, Inc.

    749 F.2d 530 (9th Cir. 1984)   Cited 1,572 times
    Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order

  9. Sprewell v. Golden State Warriors

    275 F.3d 1187 (9th Cir. 2001)   Cited 650 times
    Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA

  10. Hinton v. Trans Union, LLC

    654 F. Supp. 2d 440 (E.D. Va. 2009)   Cited 115 times
    Finding excessive incorporation by reference in a pleading creates unnecessary confusion

  11. 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,085 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,493 times   196 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,968 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators

  15. Section 1681b - Permissible purposes of consumer reports

    15 U.S.C. § 1681b   Cited 1,798 times   101 Legal Analyses
    Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

  16. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,514 times   60 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

  17. Section 1681p - Jurisdiction of courts; limitation of actions

    15 U.S.C. § 1681p   Cited 677 times   9 Legal Analyses
    Granting to district courts original jurisdiction over claims brought under the FCRA

  18. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 300 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"

  19. Section 1841 - Definitions

    12 U.S.C. § 1841   Cited 286 times   24 Legal Analyses
    Exempting state companies from regulations covering federal bank holding companies