§Why CasetextPricing

Consumer Financial Protection Bureau v. Dmitry Fomichev

NOTICE OF MOTION AND MOTION to Dismiss Amended Complaint

36 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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 267,097 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. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,009 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  4. Buckley v. Valeo

    424 U.S. 1 (1976)   Cited 3,414 times   37 Legal Analyses
    Holding that a public financing law does not "abridge, restrict, or censor" expression

  5. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,091 times   27 Legal Analyses
    Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

  6. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,205 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  7. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,872 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  8. Jones v. Community Redevelopment Agency

    733 F.2d 646 (9th Cir. 1984)   Cited 3,829 times
    Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"

  9. Commodity Futures Trading Comm'n v. Schor

    478 U.S. 833 (1986)   Cited 723 times   10 Legal Analyses
    Holding that the CFTC's adjudicative functions did not violate separation of powers

  10. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 576 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer

  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 346,412 times   923 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 156,479 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 3 - Legislative, Diplomatic, and Law Enforcement Duties of the President

    U.S. Const. art. II, § 3   Cited 430 times   4 Legal Analyses
    Granting authority to the President to "take Care that the Laws be faithfully executed"

  15. Section 7 - Bills and Resolutions

    U.S. Const. art. I, § 7   Cited 276 times   1 Legal Analyses
    Providing that Congress need not consult the President on questions of adjournment

  16. Section 5531 - Prohibiting unfair, deceptive, or abusive acts or practices

    12 U.S.C. § 5531   Cited 167 times   141 Legal Analyses
    Granting power to the Consumer Financial Protection Bureau to take action to prevent unfair, deceptive, or abusive acts or practices

  17. Section 5491 - Establishment of the Bureau of Consumer Financial Protection

    12 U.S.C. § 5491   Cited 166 times   56 Legal Analyses
    Referring to the CFPB as an "independent bureau"

  18. Section 5536 - Prohibited acts

    12 U.S.C. § 5536   Cited 134 times   65 Legal Analyses
    Prohibiting “any unfair, deceptive, or abusive act or practice”

  19. Section 5481 - Definitions

    12 U.S.C. § 5481   Cited 105 times   68 Legal Analyses
    Listing eighteen statutes transferred to the CFPB’s jurisdiction

  20. 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"