§Why CasetextPricing

Bruce v. Ocwen Loan Servicing, LLC

MOTION to strike 7 Answer to complaint Affirmative Defenses and Incorporated Memorandum of Law

14 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,322 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

  2. Microsoft Corp. v. Jesse's Computers & Repair, Inc.

    211 F.R.D. 681 (M.D. Fla. 2002)   Cited 267 times
    Striking defense of copyright misuse where defendant failed to set forth any facts whatsoever in support of that defense

  3. In re Rawson Food Service, Inc.

    846 F.2d 1343 (11th Cir. 1988)   Cited 273 times
    Holding that lack of possession in a reclamation case is not an affirmative defense because "possession is an integral element of a seller's reclamation claim" thus the so-called affirmative defense merely denies an element of the prima facie case

  4. Echevarria, v. Cole

    950 So. 2d 380 (Fla. 2007)   Cited 107 times
    Holding Florida law provides complete judicial immunity "to any act occurring during the course of a judicial proceeding ... so long as the act has some relation to the proceeding."

  5. Anchor Hocking Corp. v. Jacksonville Elec. Authority

    419 F. Supp. 992 (M.D. Fla. 1976)   Cited 193 times
    Granting motion to strike

  6. Ross v. RJM Acquisitions Funding LLC

    480 F.3d 493 (7th Cir. 2007)   Cited 72 times   1 Legal Analyses
    Holding that a letter attempting to collect a debt that had been discharged in bankruptcy was "false" under § 1692e

  7. Penzer v. Trans. Insu. Co.

    545 F.3d 1303 (11th Cir. 2008)   Cited 60 times
    Holding that the TCPA's $500 statutory damages provision is remedial

  8. Royal Palm Sav. Ass'n v. Pine Trace

    716 F. Supp. 1416 (M.D. Fla. 1989)   Cited 67 times
    Holding that " party may be liable for fraud where the promise or representation was made without intent to perform and another party is induced into a transaction."

  9. North Star Capital Acquisitions, LLC v. Krig

    611 F. Supp. 2d 1324 (M.D. Fla. 2009)   Cited 18 times   1 Legal Analyses
    Finding that Florida Supreme Court would not apply Florida Litigation Privilege to correspondence attempting to collect a debt served with the summons and complaint

  10. 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 355,101 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

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,697 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,744 times   740 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  13. Section 559.55 - Definitions

    Fla. Stat. § 559.55   Cited 335 times   7 Legal Analyses
    Including "debtor" in the same definition

  14. Section 559.77 - Civil remedies

    Fla. Stat. § 559.77   Cited 253 times   9 Legal Analyses
    Establishing a two-year statute of limitations for claims under the FCCPA