§Why CasetextPricing

Balkema v. Wachovia Securities, LLC et al

RESPONSE in Opposition re MOTION to Dismiss Plaintiff's Complaint

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 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 279,933 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. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,788 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  4. Mullane v. Central Hanover Tr. Co.

    339 U.S. 306 (1950)   Cited 10,523 times   19 Legal Analyses
    Holding that due process requires a hearing "appropriate to the nature of the case"

  5. E.E.O.C. v. Concentra Health

    496 F.3d 773 (7th Cir. 2007)   Cited 2,772 times   2 Legal Analyses
    Holding that a plaintiff alleging retaliation under Title VII "must provide some specific description" of the protected activity

  6. Gibson v. City of Chicago

    910 F.2d 1510 (7th Cir. 1990)   Cited 3,021 times   1 Legal Analyses
    Holding that "the actions of an officer who has no authority whatsoever to act" are outside the ambit of § 1983

  7. Bissessur v. Indiana Univ. Bd.

    581 F.3d 599 (7th Cir. 2009)   Cited 889 times
    Holding that to state a claim, a plaintiff must plead sufficient factual content that "allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged"

  8. Schroeder v. City of New York

    371 U.S. 208 (1962)   Cited 477 times   1 Legal Analyses
    Holding that publication and posting of notice of condemnation were inadequate when the landowner's name and address were easily ascertainable from public records

  9. Delaware v. New York

    507 U.S. 490 (1993)   Cited 76 times   3 Legal Analyses
    Holding that when owner of unclaimed securities distributions cannot be found, state of domicile of debtor has priority in escheat proceedings

  10. Lawyers Title Ins. Corp. v. Pokraka

    595 N.E.2d 244 (Ind. 1992)   Cited 83 times
    Holding that an oral contract existed between the title company and its customer whereby, in exchange for a fee, the title company has a duty to deal appropriately with closing documents.

  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 361,619 times   960 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 163,952 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 34-11-2-4 - Injury or forfeiture of penalty actions

    Ind. Code § 34-11-2-4   Cited 528 times   1 Legal Analyses
    Providing the statute of limitations for personal injury

  14. Section 34-11-2-7 - Six year limitation

    Ind. Code § 34-11-2-7   Cited 123 times
    Providing that actions for injuries to real property must be commenced within six years after the cause of action accrues