§Why CasetextPricing

Banaszak v. CitiMortgage, Inc. et al

MOTION to Dismiss

22 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,756 times   364 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' "

  2. United States ex rel. Thompson v. Columbia/HCA Healthcare Corp.

    125 F.3d 899 (5th Cir. 1997)   Cited 674 times   1 Legal Analyses
    Holding that an AKS violation may support a claim under the FCA under a false certification theory

  3. Frank v. Dana Corp.

    547 F.3d 564 (6th Cir. 2008)   Cited 383 times   1 Legal Analyses
    Holding that "for any fraud claim," "[a]t a minimum, Plaintiff must allege the time, place, and contents of the misrepresentations"

  4. Basicomputer Corp. v. Scott

    973 F.2d 507 (6th Cir. 1992)   Cited 540 times   1 Legal Analyses
    Holding that "courts in the State of Ohio" could include the federal district court

  5. Sanderson v. Hca-The Healthcare Co.

    447 F.3d 873 (6th Cir. 2006)   Cited 337 times   1 Legal Analyses
    Holding that a complaint may be dismissed under Rule 9(b) if it contains "no specific information about the filing of the claims themselves — nothing, that is, to alert the defendants 'to the precise misconduct with which they are charged and to protect defendants against spurious charges of immoral and fraudulent behavior'" (quoting United States ex. rel. Clausen v. Lab. Corp. of Am., Inc., 290 F.3d 1301, 1310 (11th Cir. 2002))

  6. Nieman v. NLO, Inc.

    108 F.3d 1546 (6th Cir. 1997)   Cited 381 times   1 Legal Analyses
    Holding that Price-Anderson preempted state law trespass claim such that plaintiff could "sue under the Price-Anderson Act, as amended, or not at all."

  7. Kewin v. Massachusetts Mutual

    409 Mich. 401 (Mich. 1980)   Cited 333 times   1 Legal Analyses
    Holding that emotional distress damages are not available in an action for breach of contract unless it can be reasonably said that such damages were contemplated by the parties at the time that the contract was made

  8. Roberts v. Saffell

    280 Mich. App. 397 (Mich. Ct. App. 2008)   Cited 126 times
    Listing same elements for fraudulent representation under Michigan state law

  9. Connecticut v. Massachusetts

    282 U.S. 660 (1931)   Cited 240 times
    Holding that an injunction is only appropriate "to prevent existing or presently threatened injuries. One will not be granted against something merely feared as liable to occur at some indefinite time in the future"

  10. Woodland Harvesting, Inc. v. Georgia Pacific Corp.

    693 F. Supp. 2d 732 (E.D. Mich. 2010)   Cited 15 times
    In Woodland Harvesting, Inc. v. Georgia Pac. Corp., No. 09-10736, 2010 WL 2813339, at *1 (E.D. Mich. 2010) (Cohn, J.), the Court considered a claim of fraudulent inducement by a woodchip supplier who entered into a long-term supply contract with a particle board plant.

  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 344,855 times   920 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 155,692 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"