§Why CasetextPricing

Coon v. Midland Credit Management, Inc.

MOTION to dismiss Complaint and Supporting Memorandum of Law

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,421 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 282,303 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 17,571 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. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 977 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  5. Grossman v. Nationsbank

    225 F.3d 1228 (11th Cir. 2000)   Cited 799 times
    Stating that when considering a motion to dismiss the court limits its consideration to the pleadings and exhibits attached thereto

  6. GSW, Inc. v. Long County

    999 F.2d 1508 (11th Cir. 1993)   Cited 853 times
    Discussing White, 460 U.S. at 206, 103 S.Ct. 1042

  7. LeBlanc v. Unifund CCR Partners

    601 F.3d 1185 (11th Cir. 2010)   Cited 434 times   2 Legal Analyses
    Holding that the "least sophisticated consumer" standard applies to § 1692f because compliance depends, in part, on "the debtor's reaction" to the debt collector's actions

  8. DM Research, Inc. v. Coll. of Am. Pathologists

    170 F.3d 53 (1st Cir. 1999)   Cited 247 times
    Holding that discovery was not warranted at the motion to dismiss stage

  9. Weissman v. National Ass'n

    500 F.3d 1293 (11th Cir. 2007)   Cited 87 times
    Holding an exchange's advertisements promoting a certain stock were not entitled to immunity

  10. Peart v. Shippie

    345 F. App'x 384 (11th Cir. 2009)   Cited 51 times
    Holding that § 1681s-2(b) "can be enforced through a private right of action, but only if the furnisher received notice of the consumer's dispute from a consumer reporting agency."

  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 364,364 times   963 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 165,340 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 15,309 times   144 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,604 times   200 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  15. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,360 times   83 Legal Analyses
    Defining debt collector

  16. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,513 times   71 Legal Analyses
    Setting forth requirements for disputing a debt

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

    15 U.S.C. § 1681s-2   Cited 3,025 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators

  18. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,950 times   22 Legal Analyses
    Prohibiting debt collectors from engaging "in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt"

  19. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,538 times   65 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

  20. Section 1681c - Requirements relating to information contained in consumer reports

    15 U.S.C. § 1681c   Cited 653 times   58 Legal Analyses
    Listing information excluded from consumer reports