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Bolling v. Wells Fargo Bank, N. A.

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR ALTERNATIVELY FOR MORE DEFINITE STATEMENT

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,101 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 274,485 times   368 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. Dataphase Systems, Inc. v. C L Systems, Inc.

    640 F.2d 109 (8th Cir. 1981)   Cited 2,640 times
    Holding that issuance of a preliminary injunction depends upon a "flexible" consideration of the threat of irreparable harm to the moving party; balancing this harm with any injury an injunction would inflict on other interested parties; the probability that the moving party would succeed on the merits; and the effect on the public interest

  4. Brown v. Green Tree Servicing LLC

    820 F.3d 371 (8th Cir. 2016)   Cited 652 times
    Stating that court must accept factual allegations in complaint as true but is not required to “accept as true any legal conclusion couched as a factual allegation”

  5. U.S. ex Rel. Joshi v. St. Luke's Hosp., Inc.

    441 F.3d 552 (8th Cir. 2006)   Cited 499 times   4 Legal Analyses
    Holding that pleading standards are not relaxed when the fraudulent scheme is complex, the scheme took place over a long period of time, or information concerning the fraud is in the defendant's control

  6. Drobnak v. Andersen Corpo

    561 F.3d 778 (8th Cir. 2009)   Cited 340 times   1 Legal Analyses
    Holding that allegations pleaded on information and belief meet Rule 9(b)'s particularity requirement when the facts constituting the fraud are peculiarly within the opposing party's knowledge and if accompanied by a statement of facts on which the belief is founded

  7. United States ex rel. Raynor v. Nat'l Rural Utilities Coop. Fin., Corp.

    690 F.3d 951 (8th Cir. 2012)   Cited 163 times
    Holding that district court does not abuse its discretion in denying leave to amend when the party seeking leave has failed to attach a proposed amended complaint in accordance with a local court rule of procedure

  8. Carton v. Gen. Mot. Accep

    611 F.3d 451 (8th Cir. 2010)   Cited 136 times
    Holding that the factual allegations in a complaint must state a claim to relief

  9. Wivell v. Wells Fargo Bank, N.A.

    773 F.3d 887 (8th Cir. 2014)   Cited 95 times
    Holding that claims against a fraudulently joined defendant should dismissed without prejudice for lack of subject-matter jurisdiction

  10. Arbors at Sugar Creek Homeowners Ass'n v. Jefferson Bank & Trust Co.

    464 S.W.3d 177 (Mo. 2015)   Cited 43 times
    Noting Missouri recognizes declaratory relief as an equitable remedy

  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 355,294 times   943 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 160,776 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 1031 - Exchange of real property held for productive use or investment

    26 U.S.C. § 1031   Cited 740 times   81 Legal Analyses
    Providing for the nonrecognition of gain from exchanges of investment property for other investment property of like kind

  14. Section 516.120 - What actions within five years

    Mo. Rev. Stat. § 516.120   Cited 698 times   2 Legal Analyses
    Stating that "[a]ll actions upon contracts" shall be brought within five years

  15. Section 527.150 - Suits to determine interest and quiet title, how instituted - effect of judgment

    Mo. Rev. Stat. § 527.150   Cited 57 times   1 Legal Analyses

    1. Any person claiming any title, estate or interest in real property, whether the same be legal or equitable, certain or contingent, present or in reversion, or remainder, whether in possession or not, may institute an action against any person or persons having or claiming to have any title, estate or interest in such property, whether in possession or not, to ascertain and determine the estate, title and interest of said parties, respectively, in such real estate, and to define and adjudge by