35 Cited authorities

Heintz v. Jenkins
514 U.S. 291 (1995) Cited 1,133 times 8 Legal Analyses
Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation
Astoria Federal S. L. Ass'n. v. Solimino
501 U.S. 104 (1991) Cited 1,256 times 10 Legal Analyses
Holding that where a plaintiff must exhaust state administrative proceedings to bring federal claims, the administrative adjudication lacks res judicata effect, as an exception to the default rule of administrative preclusion
Martinez v. California
444 U.S. 277 (1980) Cited 1,406 times
Holding that the language of § 1983 imposes a proximate cause requirement on claims under that statute
Fullilove v. Klutznick
448 U.S. 448 (1980) Cited 523 times 1 Legal Analyses
Holding that the burden on nonminorities caused by a 10% minority set aside program was "relatively light"
Perez v. United States
402 U.S. 146 (1971) Cited 486 times 1 Legal Analyses
Holding that Commerce Clause authorizes Congress to punish any particular criminal action, even without proof of a relation to interstate commerce, when the activity is part of a "class of activities" determined by Congress to affect interstate commerce
Sysco Food Services Inc. v. Trapnell
890 S.W.2d 796 (Tex. 1995) Cited 429 times
Holding that a cause of action for loss of consortium is governed by § 16.003, the two-year limitations statute
State v. Wilson
73 Ohio St. 3d 40 (Ohio 1995) Cited 240 times 3 Legal Analyses
Holding that failure to comply with bindover procedure strips the court of common pleas of subject-matter jurisdiction over juvenile offender and that a lack of jurisdiction makes the judgment of conviction "void ab initio"
Lucas v. Hamm
56 Cal.2d 583 (Cal. 1961) Cited 419 times 3 Legal Analyses
Holding that attorney could be liable in tort to beneficiaries of negligently drawn will
U.S. v. Campbell
368 U.S. 987 (1962) Cited 124 times
Finding attorney whose negligence deprived intended beneficiary of proceeds of the will was liable to beneficiary
Ex Parte Seidel
39 S.W.3d 221 (Tex. Crim. App. 2001) Cited 102 times
Holding judgments are void for illegality
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 490,705 times 695 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 348,810 times 931 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,050 times 140 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,994 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,452 times 104 Legal Analyses
Relating to mail fraud
Section 3663A - Mandatory restitution to victims of certain crimes
18 U.S.C. § 3663A Cited 5,234 times 36 Legal Analyses
Granting these categories of restitution to victims "in any case"
Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity
18 U.S.C. § 1957 Cited 3,292 times 41 Legal Analyses
Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt
Section 18 - Organization defined
18 U.S.C. § 18 Cited 3,221 times 7 Legal Analyses
Stating that the term "organization" means "a person other than an individual"
Section 201 - Bribery of public officials and witnesses
18 U.S.C. § 201 Cited 1,863 times 83 Legal Analyses
Using "proceeding" to refer to trials, hearings, or the like "before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer"
Section 4 - Misprision of felony
18 U.S.C. § 4 Cited 1,360 times 10 Legal Analyses
Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities

Breitling et al v. LNV Corporation et al

35 Cited authorities

Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

Holding that where a plaintiff must exhaust state administrative proceedings to bring federal claims, the administrative adjudication lacks res judicata effect, as an exception to the default rule of administrative preclusion

Holding that the language of § 1983 imposes a proximate cause requirement on claims under that statute

Holding that the burden on nonminorities caused by a 10% minority set aside program was "relatively light"

Holding that Commerce Clause authorizes Congress to punish any particular criminal action, even without proof of a relation to interstate commerce, when the activity is part of a "class of activities" determined by Congress to affect interstate commerce

Holding that a cause of action for loss of consortium is governed by § 16.003, the two-year limitations statute

Holding that failure to comply with bindover procedure strips the court of common pleas of subject-matter jurisdiction over juvenile offender and that a lack of jurisdiction makes the judgment of conviction "void ab initio"

Holding that attorney could be liable in tort to beneficiaries of negligently drawn will

Finding attorney whose negligence deprived intended beneficiary of proceeds of the will was liable to beneficiary

Holding judgments are void for illegality

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

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

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

Defining what the terms “person” and “enterprise” include

Relating to mail fraud

Granting these categories of restitution to victims "in any case"

Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt

Stating that the term "organization" means "a person other than an individual"

Using "proceeding" to refer to trials, hearings, or the like "before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer"

Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities