51 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,709 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 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' "
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,680 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"
Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,799 times 32 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
Alyeska Pipeline Co. v. Wilderness Soc'y
421 U.S. 240 (1975) Cited 4,718 times 9 Legal Analyses
Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party
Weaver v. Graham
450 U.S. 24 (1981) Cited 2,512 times 4 Legal Analyses
Holding that for a criminal law to be ex post facto, it must disadvantage the offender affected by it
Russello v. United States
464 U.S. 16 (1983) Cited 2,096 times 6 Legal Analyses
Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
Mohamad v. Palestinian Auth.
566 U.S. 449 (2012) Cited 490 times 7 Legal Analyses
Holding term used in Torture Victim Protection Act was unambiguous despite disagreement among several circuits
Kaiser Aluminum Chemical Corp. v. Bonjorno
494 U.S. 827 (1990) Cited 856 times 2 Legal Analyses
Holding that the "plain language" of the newly enacted federal post-judgment interest statute, 28 U.S.C. § 1961, which requires that interest "`be calculated from the date of the entry of the judgment,'" "evidences clear congressional intent that [the provision] is not applicable to judgments entered before its effective date."
Runyon v. McCrary
427 U.S. 160 (1976) Cited 1,245 times 2 Legal Analyses
Holding that while, "it may be assumed that parents have a First Amendment right to send their children to educational institutions that promote" racial discrimination, "it does not follow that the practice of excluding racial minorities from such institutions is also protected by the same principle"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,205 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,525 times 54 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 3,983 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"
Section 5536 - Prohibited acts
12 U.S.C. § 5536 Cited 134 times 65 Legal Analyses
Prohibiting “any unfair, deceptive, or abusive act or practice”
Section 5481 - Definitions
12 U.S.C. § 5481 Cited 105 times 68 Legal Analyses
Listing eighteen statutes transferred to the CFPB’s jurisdiction
Section 5564 - Litigation authority
12 U.S.C. § 5564 Cited 85 times 14 Legal Analyses
Stating that "no action may be brought . . . more than 3 years after the date of discovery of the violation to which an action relates"
Section 5565 - Relief available
12 U.S.C. § 5565 Cited 61 times 23 Legal Analyses
Providing that "[a]ny person that violates, through any act or omission, any provision of Federal consumer financial law shall forfeit and pay a civil penalty pursuant to this subsection"

Consumer Financial Protection Bureau v. David Gasparyan

51 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 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"

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

Holding that for a criminal law to be ex post facto, it must disadvantage the offender affected by it

Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"

Holding term used in Torture Victim Protection Act was unambiguous despite disagreement among several circuits

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

Prohibiting “any unfair, deceptive, or abusive act or practice”

Listing eighteen statutes transferred to the CFPB’s jurisdiction

Stating that "no action may be brought . . . more than 3 years after the date of discovery of the violation to which an action relates"

Providing that "[a]ny person that violates, through any act or omission, any provision of Federal consumer financial law shall forfeit and pay a civil penalty pursuant to this subsection"