§Why CasetextPricing

Anthony Heras v. Nelnet, Inc., et al

NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP 12

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,589 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 276,823 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,895 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,398 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'"

  5. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,378 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  6. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,923 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  7. DeSoto v. Yellow Freight Systems, Inc.

    957 F.2d 655 (9th Cir. 1992)   Cited 1,773 times   2 Legal Analyses
    Holding district court did not abuse discretion in denying leave to amend when no facts consistent with the complaint could save plaintiff's claims

  8. Al-Kidd v. Ashcroft

    580 F.3d 949 (9th Cir. 2009)   Cited 787 times   1 Legal Analyses
    Holding that Iqbal does not impose a probability requirement

  9. Gonzales v. Arrow Financial Services

    660 F.3d 1055 (9th Cir. 2011)   Cited 324 times
    Holding that the statement that a "negative credit report reflecting on your credit record may be submitted to a credit reporting agency" was a threat under § 1692e, where the defendant did not intend to make reports to a credit bureau and was legally prohibited from doing so

  10. Schlegel v. Wells Fargo Bank

    720 F.3d 1204 (9th Cir. 2013)   Cited 228 times   2 Legal Analyses
    Holding that a plaintiff's establishment that debt collection is some of a defendant's business is insufficient to state a FDCPA claim

  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 357,946 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 162,144 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 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,511 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,206 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,027 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,311 times   83 Legal Analyses
    Defining debt collector

  17. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,491 times   71 Legal Analyses
    Setting forth requirements for disputing a debt

  18. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,464 times   38 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable