24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 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
Gomez v. Toledo
446 U.S. 635 (1980) Cited 5,504 times 1 Legal Analyses
Holding that defendant bears burden of pleading defenses
Quality Foods v. Latin Am. Agribusiness Devel
711 F.2d 989 (11th Cir. 1983) Cited 895 times 1 Legal Analyses
Holding that liberalized consideration of complaint espoused in Conley "is particularly true in an antitrust suit where the proof and details of the alleged conspiracy are largely in the hands of the alleged co-conspirators."
U.S. v. Baxter Intern., Inc.
345 F.3d 866 (11th Cir. 2003) Cited 396 times
Holding that, under MSP, " any payment that Medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute," regardless of whether those sources can be expected to pay promptly
Milburn v. United States
734 F.2d 762 (11th Cir. 1984) Cited 382 times
Holding that 10-day notice was required even though moving party characterized its motion as one to dismiss or, in the alternative, for summary judgment
McCorriston v. L.W.T., Inc.
536 F. Supp. 2d 1268 (M.D. Fla. 2008) Cited 84 times
Holding that allegation of a discrete violation of the FDCPA within the limitations period is actionable despite related collection efforts outside of one-year period.
Mahan v. Retrieval-Masters Credit Bureau, Inc.
777 F. Supp. 2d 1293 (S.D. Ala. 2011) Cited 16 times
Holding that a creditor had not violated §1692e when using a name under which it had commonly done business
U.S. v. Carell
681 F. Supp. 2d 874 (W.D. Tenn. 2009) Cited 15 times
Holding that "the official referenced in [§ 3731(b)(2)] must be a Justice Department official," but not deciding whether "that official must actually be within the Civil Division of the Justice Department"
Victoria v. Alex Car, Inc.
No. 11 C 9204 (N.D. Ill. Mar. 29, 2012) Cited 10 times
Holding that "factual disputes as to what occurred when Plaintiffs signed the WH–58 forms preclude this court from finding at [the motion-to-dismiss] stage of the case that Plaintiffs have waived their FLSA claims"
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 361,353 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,259 times 143 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 7,048 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"
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,503 times 71 Legal Analyses
Setting forth requirements for disputing a debt
Section 1692c - Communication in connection with debt collection
15 U.S.C. § 1692c Cited 1,678 times 53 Legal Analyses
Regulating communications with consumers

Beaudin v. Chase Home Finance LLC et al

24 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that defendant bears burden of pleading defenses

Holding that liberalized consideration of complaint espoused in Conley "is particularly true in an antitrust suit where the proof and details of the alleged conspiracy are largely in the hands of the alleged co-conspirators."

Holding that, under MSP, " any payment that Medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute," regardless of whether those sources can be expected to pay promptly

Holding that 10-day notice was required even though moving party characterized its motion as one to dismiss or, in the alternative, for summary judgment

Holding that allegation of a discrete violation of the FDCPA within the limitations period is actionable despite related collection efforts outside of one-year period.

Holding that a creditor had not violated §1692e when using a name under which it had commonly done business

Holding that "the official referenced in [§ 3731(b)(2)] must be a Justice Department official," but not deciding whether "that official must actually be within the Civil Division of the Justice Department"

Holding that "factual disputes as to what occurred when Plaintiffs signed the WH–58 forms preclude this court from finding at [the motion-to-dismiss] stage of the case that Plaintiffs have waived their FLSA claims"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

Setting forth requirements for disputing a debt

Regulating communications with consumers