§Why CasetextPricing

Cruper - Weinmann v. Paris Baguette America, Inc

MEMORANDUM OF LAW in Opposition re: 45 MOTION to Dismiss Plaintiff's Amended Class Action Complaint. . Document

53 Cited authorities

  1. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,436 times   437 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,900 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Duncan v. Walker

    533 U.S. 167 (2001)   Cited 5,477 times   8 Legal Analyses
    Holding that the statute of limitations is not tolled during the pendancy of a federal petition

  4. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,690 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  5. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,701 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  6. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,597 times   31 Legal Analyses
    Holding that States are not subject to private FCA actions

  7. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,031 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage

  8. United States v. Scrap

    412 U.S. 669 (1973)   Cited 1,365 times   3 Legal Analyses
    Holding that the trial court did not err in denying motion to dismiss based on lack of standing because appellees sufficiently alleged "that their members used the forests, streams, mountains, and other resources in the Washington metropolitan area for camping, hiking, fishing, and sightseeing, and that this use was disturbed by the adverse environmental impact caused by the nonuse of recyclable goods brought about by a rate increase on those commodities"

  9. Carter v. HealthPort Techs., LLC

    822 F.3d 47 (2d Cir. 2016)   Cited 797 times   1 Legal Analyses
    Holding that " defendant's conduct that injures a plaintiff but does so only indirectly, after intervening conduct by another person, may suffice for Article III standing"

  10. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 599 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"

  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 346,675 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. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,013 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,675 times   734 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  14. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,726 times   23 Legal Analyses
    Describing "qualified written request"

  15. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,316 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

  16. Section 2607 - Prohibition against kickbacks and unearned fees

    12 U.S.C. § 2607   Cited 1,321 times   53 Legal Analyses
    Holding persons who violate § 2607 jointly and severally liable to persons charged with settlement services

  17. Section 78p - Directors, officers, and principal stockholders

    15 U.S.C. § 78p   Cited 861 times   17 Legal Analyses
    Recognizing that information obtained by a director could be used in his capacity as a shareholder

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

    15 U.S.C. § 1681c   Cited 637 times   58 Legal Analyses
    Reporting certain criminal information older than 7 years

  19. Section 2710 - Wrongful disclosure of video tape rental or sale records

    18 U.S.C. § 2710   Cited 209 times   73 Legal Analyses
    Prohibiting disclosure of "personally identifiable information concerning" consumer of video rental establishment without consent