§Why CasetextPricing

Bank of America, N.A., v. Treo North And South Homeowners' Association, Inc. et al

MOTION to Dismiss for Lack of Jurisdiction

19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 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 279,848 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,323 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,660 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

  5. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,955 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  6. Bourne Valley Court Tr. v. Wells Fargo Bank, NA

    832 F.3d 1154 (9th Cir. 2016)   Cited 871 times   3 Legal Analyses
    Holding NRS Chapter 116's opt-in notice scheme is facially unconstitutional due to the absence of mandatory notice provisions

  7. Skelly Oil Co. v. Phillips Co.

    339 U.S. 667 (1950)   Cited 1,910 times   1 Legal Analyses
    Holding that while the Declaratory Judgment Act "enlarged the range of remedies available in the federal courts" it did not alter the Article III jurisdiction of those courts

  8. Marshall Cty. Bd. of Educ. v. Marshall Cty

    992 F.2d 1171 (11th Cir. 1993)   Cited 1,026 times
    Finding that under Rule 12(b), dismissal of a complaint is appropriate "when, on the basis of a dispositive issue of law, no construction of the factual allegations will support the cause of action."

  9. Republican Party of Guam v. Gutierrez

    277 F.3d 1086 (9th Cir. 2002)   Cited 612 times
    Holding that plaintiffs failed to state a claim arising under federal law because the success of the plaintiffs' claim depended on a violation of Guam law and though the Organic Act controlled the validity of that law, plaintiffs did not need to plead a violation of the Organic Act itself in order to succeed

  10. Collins v. Union Fed. Savings Loan

    99 Nev. 284 (Nev. 1983)   Cited 464 times   1 Legal Analyses
    Holding a wrongful foreclosure claim is ripe only when "the power of sale was exercised" and a "foreclosure occurred."

  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 361,487 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 163,896 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 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 115,823 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,392 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney