§Why CasetextPricing

Bjerke, Peter v. Messerli & Kramer, P.A. et al

Brief in Opposition

49 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,305 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  3. McCauley v. City of Chicago

    671 F.3d 611 (7th Cir. 2011)   Cited 1,554 times
    Holding that to survive a motion to dismiss, a claim against a city for indemnification of a constitutional violation requires an allegation of an underlying constitutional violation

  4. Venture Associates v. Zenith Data Systems

    987 F.2d 429 (7th Cir. 1993)   Cited 1,795 times   2 Legal Analyses
    Holding "minor, non-substantive changes" in response to offer prevented contract formation under Illinois law

  5. Lavalais v. Vill. of Melrose Park

    734 F.3d 629 (7th Cir. 2013)   Cited 451 times   2 Legal Analyses
    Holding that plaintiff successfully pleaded an adverse employment action based on his assignment to the night shift where plaintiff alleged facts indicating that his duties were so restricted that “it is as if he is not a sergeant”

  6. Tierney v. Vahle

    304 F.3d 734 (7th Cir. 2002)   Cited 512 times
    Holding that a court may not consider materials outside of the pleadings in the context of Rule 12(b)

  7. Turner v. J.V.D.B. Associates, Inc.

    330 F.3d 991 (7th Cir. 2003)   Cited 418 times
    Holding unintentional misrepresentation that debtor was obligated to pay a debt discharged in bankruptcy violated FDCPA

  8. Mace v. Van Ru Credit Corp.

    109 F.3d 338 (7th Cir. 1997)   Cited 499 times   2 Legal Analyses
    Holding that in reviewing a state claim pursuant to supplemental jurisdiction, federal courts apply state substantive law and federal procedural law

  9. Heard v. Sheahan

    253 F.3d 316 (7th Cir. 2001)   Cited 424 times   1 Legal Analyses
    Holding that "[e]very day" without treatment is a new violation

  10. Levenstein v. Salafsky

    164 F.3d 345 (7th Cir. 1998)   Cited 452 times
    Holding that constructively discharged medical school professor who essentially alleged that procedures were "a sham through and through" sufficiently alleged a due process violation

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,037 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,945 times   109 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  14. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,241 times   83 Legal Analyses
    Defining debt collector

  15. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,411 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  16. Section 1301 - Stay of action against codebtor

    11 U.S.C. § 1301   Cited 1,082 times   1 Legal Analyses
    Barring creditors from collecting " all or any part of a consumer debt" of debtor protected by Chapter 13 bankruptcy

  17. Section 427.104 - Prohibited practices

    Wis. Stat. § 427.104   Cited 105 times   2 Legal Analyses

    (1) In attempting to collect an alleged debt arising from a consumer credit transaction or other consumer transaction, including a transaction primarily for an agricultural purpose, where there is an agreement to defer payment, a debt collector may not: (a) Use or threaten force or violence to cause physical harm to the customer or the customer's dependents or property; (b) Threaten criminal prosecution; (c) Disclose or threaten to disclose information adversely affecting the customer's reputation

  18. Section 812.18 - Liability of garnishee

    Wis. Stat. § 812.18   Cited 12 times

    (1) Subject to s. 812.19(4) , from the time of service upon the garnishee, the garnishee shall be liable to the creditor for the property then in the garnishee's possession or under his or her control belonging to the debtor or in which the debtor is interested to the extent of his or her right or interest therein and for all the garnishee's debts due or to become due to the debtor, except such as are exempt from execution, or are required by a court to be paid by the debtor as restitution under

  19. Section 812.34 - Exemption

    Wis. Stat. § 812.34   Cited 7 times

    (1) The exemptions provided in this section do not apply if the judgment debt meets one of the following conditions: (a) Was ordered by a court under s. 128.21 or by any court of the United States under 11 USC 1301 to 1330 . (b) Is for the support of any person. (c) Is for unpaid taxes. (2) (a) Unless the court grants relief under s. 812.38(2) or par. (b) or (c) applies, 80 percent of the debtor's disposable earnings are exempt from garnishment under this subchapter. (b) The debtor's earnings are

  20. Section 812.38 - Judicial hearing

    Wis. Stat. § 812.38   Cited 5 times
    Stating that "[a]ny party to the earnings garnishment may move the court to order any other party to comply with the provisions of this subchapter, or for other equitable relief"