§Why CasetextPricing

Broitman et al v. Ocwen Loan Servicing, Llc et al

Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 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' "

  3. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,075 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  4. Allen v. McCurry

    449 U.S. 90 (1980)   Cited 5,762 times   3 Legal Analyses
    Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

  5. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,645 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  6. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,087 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  7. Pollice v. National Tax Funding, L.P.

    225 F.3d 379 (3d Cir. 2000)   Cited 531 times
    Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

  8. Corestates Bank, N.A., v. Cutillo

    723 A.2d 1053 (Pa. Super. Ct. 1999)   Cited 550 times
    Holding that a cause of action for breach of contract must be established by demonstrating " the existence of a contract, including its essential terms, a breach of a duty imposed by the contract and resultant damages"

  9. Rycoline Products, Inc. v. C W Unlimited

    109 F.3d 883 (3d Cir. 1997)   Cited 463 times
    Holding that a motion to dismiss that relies on an entire-controversy defense not appearing on the face of the complaint must be denied without prejudice or converted to a motion for summary judgment under Federal Rule of Civil Procedure 12(d)

  10. Kaymark ex rel. Current v. Bank of Am., N.A.

    783 F.3d 168 (3d Cir. 2015)   Cited 252 times   8 Legal Analyses
    Holding that such an entity is a debt collector for the purpose of all the Act’s requirements

  11. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,924 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  12. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,912 times   24 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons