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Consumer Financial Protection Bureau v. Navient Corporation et al

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 265,647 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Field v. Mans

    516 U.S. 59 (1995)   Cited 2,605 times   5 Legal Analyses
    Holding a creditor had no duty to investigate under the justifiable reliance standard

  3. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,343 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

  4. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,365 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

  5. Free Enterprise Fund v. Public Company

    561 U.S. 477 (2010)   Cited 575 times   92 Legal Analyses
    Holding unconstitutional tenure provisions protecting executive officer, but concluding "the existence of the Board does not violate the separation of powers"

  6. Frederico v. Home Depot

    507 F.3d 188 (3d Cir. 2007)   Cited 2,298 times   8 Legal Analyses
    Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

  7. Davis v. HSBC Bank Nevada, N.A.

    691 F.3d 1152 (9th Cir. 2012)   Cited 676 times   11 Legal Analyses
    Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"

  8. Belmont v. MB Investment Partners, Inc.

    708 F.3d 470 (3d Cir. 2013)   Cited 527 times   5 Legal Analyses
    Holding that "an adviser may benefit from a transaction recommended to a client if, and only if, that benefit and all related details of the transaction are fully disclosed"

  9. Duquesne Light Co. v. Westinghouse Elec. Corp.

    66 F.3d 604 (3d Cir. 1995)   Cited 679 times
    Holding that the economic loss doctrine "prohibits plaintiffs from recovering in tort economic losses to which their entitlement flows only from a contract"

  10. Shapiro v. UJB Financial Corp.

    964 F.2d 272 (3d Cir. 1992)   Cited 591 times
    Holding that "once all predicate § 10(b) claims are dismissed, there are no allegations upon which § 20 liability can be based."

  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 360,192 times   954 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 115,419 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,930 times   588 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  14. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 1,014 times   9 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

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

    12 U.S.C. § 5531   Cited 181 times   149 Legal Analyses
    Granting power to the Consumer Financial Protection Bureau to take action to prevent unfair, deceptive, or abusive acts or practices

  16. Section 5563 - Hearings and adjudication proceedings

    12 U.S.C. § 5563   Cited 17 times   11 Legal Analyses

    (a) In general The Bureau is authorized to conduct hearings and adjudication proceedings with respect to any person in the manner prescribed by chapter 5 of title 5 in order to ensure or enforce compliance with- (1) the provisions of this title,1 including any rules prescribed by the Bureau under this title; 1 and (2) any other Federal law that the Bureau is authorized to enforce, including an enumerated consumer law, and any regulations or order prescribed thereunder, unless such Federal law specifically

  17. Section 1098a - Regional meetings and negotiated rulemaking

    20 U.S.C. § 1098a   Cited 12 times   1 Legal Analyses
    Outlining procedural requirements for rulemaking