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Conquest v. Wmc Mortgage Corp. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 times   369 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,445 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Baraka v. McGreevey

    481 F.3d 187 (3d Cir. 2007)   Cited 1,765 times
    Holding that a governor falls within the sphere of legislative activity when “advocating and promoting legislation”

  5. Etoll, Inc. v. Elias/Savion Advertising, Inc.

    2002 Pa. Super. 347 (Pa. Super. Ct. 2002)   Cited 654 times
    Holding plaintiff's fraud claims were barred by gist of the action doctrine because the acts "arose in the course of the parties' contractual relationship" and "the fraud claims [were] inextricably intertwined with the contract claims"

  6. Bohler-Uddeholm America, Inc. v. Ellwood Group

    247 F.3d 79 (3d Cir. 2001)   Cited 644 times   1 Legal Analyses
    Holding that Pennsylvania law allows use of extrinsic evidence to establish a latent ambiguity

  7. Werwinski v. Ford Motor Co.

    286 F.3d 661 (3d Cir. 2002)   Cited 574 times   2 Legal Analyses
    Holding that, in the absence of a controlling decision from a state's highest court on an issue of state law, a federal court sitting in diversity must predict how the court would rule by considering the relevant decisions of the state's appellate courts

  8. Yocca v. Pittsburgh Steelers Sports, Inc.

    578 Pa. 479 (Pa. 2004)   Cited 509 times   3 Legal Analyses
    Holding that an integration clause is a "clear sign" that a writing represents the entire agreement between the parties

  9. Douglass v. Convergent Outsourcing

    765 F.3d 299 (3d Cir. 2014)   Cited 365 times   12 Legal Analyses
    Holding an account number printed on a letter and clearly visible through the glassine window violates § 1692f

  10. Northview Motors, Inc. v. Chrysler Motors Corp.

    227 F.3d 78 (3d Cir. 2000)   Cited 222 times
    Affirming dismissal of separate claim for breach of implied covenant of good faith

  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 361,353 times   960 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 163,831 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 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,259 times   143 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,505 times   25 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

  15. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,992 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators

  16. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,273 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"

  17. Section 201-1 - Short title

    73 Pa. Stat. § 201-1   Cited 666 times   13 Legal Analyses

    This act shall be known and may be cited as the "Unfair Trade Practices and Consumer Protection Law." 73 P.S. § 201-1 1968, Dec. 17, P.L. 1224, No. 387, § 1. Reenacted 1976, Nov. 24, P.L. 1166, No. 260, § 1, imd. effective.

  18. Section 2270.1 - Short title

    73 Pa. Stat. § 2270.1   Cited 107 times   1 Legal Analyses

    This act shall be known and may be cited as the Fair Credit Extension Uniformity Act. 73 P.S. § 2270.1 2000, March 28, P.L. 23, No. 7, § 1, effective in 90 days.

  19. Section 504 - Individual actions permitted

    41 Pa. Stat. § 504   Cited 15 times

    Any person affected by a violation of the act shall have the substantive right to bring an action on behalf of himself individually for damages by reason of such conduct or violation, together with costs including reasonable attorney's fees and such other relief to which such person may be entitled under law. 41 P.S. § 504 1974, Jan. 30, P.L. 13, No. 6, § 504, imd. effective.

  20. Section 31.203 - Notice; application procedures

    12 Pa. Code § 31.203   Cited 5 times

    (a) Before a mortgagee accelerates the maturity of a mortgage obligation, commences legal action including mortgage foreclosure to recover under the obligation or takes possession of a security of the mortgage debtor for the mortgage obligation, the mortgagee is required to give notice in accordance with the guidance and form set forth in Appendix A and subject to the following requirements: (1) The notice is comprised of a one-page English language version with a Spanish language version on the