24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,202 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,948 times 367 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' "
Johnson v. Home State Bank
501 U.S. 78 (1991) Cited 1,696 times 5 Legal Analyses
Holding that an in rem lien is a claim
Randall v. Scott
610 F.3d 701 (11th Cir. 2010) Cited 1,720 times 1 Legal Analyses
Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"
Carvalho v. Equifax Information Services, LLC
629 F.3d 876 (9th Cir. 2010) Cited 1,127 times 4 Legal Analyses
Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”
Mamani v. Berzain
654 F.3d 1148 (11th Cir. 2011) Cited 577 times
Holding that shootings based on "individual motivations (personal reasons) not linked to defendants" and those "compatible with accidental or negligent shooting" are not extrajudicial killings
Ray v. Equifax Info. Servs
327 F. App'x 819 (11th Cir. 2009) Cited 279 times
Affirming district court's refusal to reopen discovery where plaintiff did not specify what information he was unable to obtain during discovery or how further discovery would have been helpful in resolving the issues
Cahlin v. General Motors Acceptance Corp.
936 F.2d 1151 (11th Cir. 1991) Cited 326 times
Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures
Wright v. Experian Info. Sols., Inc.
805 F.3d 1232 (10th Cir. 2015) Cited 83 times 2 Legal Analyses
Affirming summary judgment to Trans Union where consumer disputed validity of tax lien
Mortimer v. Bank of Am., N.A.
Case No.: C-12-01959 JCS (N.D. Cal. Apr. 10, 2013) Cited 52 times
Holding that the furnisher's reporting that the debt had been delinquent during the pendency of the bankruptcy was historically accurate and thus not actionable under the FCRA where report also indicated that the debt had been discharged in bankruptcy
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 348,503 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 506 - Determination of secured status
11 U.S.C. § 506 Cited 7,378 times 51 Legal Analyses
Authorizing surcharge “to the extent of any benefit” to the secured creditor
Section 1322 - Contents of plan
11 U.S.C. § 1322 Cited 5,634 times 13 Legal Analyses
Excluding wages used to repay 401(k) loans from disposable income
Section 1328 - Discharge
11 U.S.C. § 1328 Cited 3,310 times 6 Legal Analyses
Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”
Section 1681i - Procedure in case of disputed accuracy
15 U.S.C. § 1681i Cited 1,470 times 25 Legal Analyses
Relating to indirect disputes
Section 1681e - Compliance procedures
15 U.S.C. § 1681e Cited 1,366 times 62 Legal Analyses
Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

Brown v. Experian Information Solutions, Inc. et al

24 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that an in rem lien is a claim

Holding that courts do not construe a pleading drafted by counsel with the same leniency that they otherwise afford to pro se litigants who lack "the benefit of a legal education"

Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”

Holding that shootings based on "individual motivations (personal reasons) not linked to defendants" and those "compatible with accidental or negligent shooting" are not extrajudicial killings

Affirming district court's refusal to reopen discovery where plaintiff did not specify what information he was unable to obtain during discovery or how further discovery would have been helpful in resolving the issues

Holding that in order to state a claim for a violation of the similarly-worded § 1681e(b), a plaintiff must show that the CRA actually reported inaccurate information and that it failed to follow reasonable procedures

Affirming summary judgment to Trans Union where consumer disputed validity of tax lien

Holding that the furnisher's reporting that the debt had been delinquent during the pendency of the bankruptcy was historically accurate and thus not actionable under the FCRA where report also indicated that the debt had been discharged in bankruptcy

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

Authorizing surcharge “to the extent of any benefit” to the secured creditor

Excluding wages used to repay 401(k) loans from disposable income

Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”

Relating to indirect disputes

Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes