§Why CasetextPricing

Delcid v. American Servicing Company

MEMORANDUM in Support re MOTION to Dismiss

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,785 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 265,756 times   364 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,453 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Snowden v. Hughes

    321 U.S. 1 (1944)   Cited 1,342 times
    Holding that the U.S. Constitution's privileges and immunities clause does not protect the right to become a candidate for state office

  5. U.S. Bank National Assoc. v. Ibanez

    458 Mass. 637 (Mass. 2011)   Cited 348 times   3 Legal Analyses
    Holding that in Massachusetts, another "title theory" state, a mortgage assignment need not "be in recordable form"

  6. Langadinos v. American Airlines, Inc.

    199 F.3d 68 (1st Cir. 2000)   Cited 461 times
    Holding that "[i]n the Rule 12(b) milieu" the Court must "indulge every reasonable inference in [plaintiff's favor"

  7. Pantoja v. Countrywide Home Loans, Inc.

    640 F. Supp. 2d 1177 (N.D. Cal. 2009)   Cited 314 times   1 Legal Analyses
    Holding that there is no express or implicit private right of action under TARP

  8. Uno Restaurants, Inc. v. Boston Kenmore Realty Corp.

    441 Mass. 376 (Mass. 2004)   Cited 340 times
    Rejecting plaintiff's argument that contract implicitly required owner to take particular steps not explicitly required

  9. Chongris v. Board of Appeals of Town of Andover

    811 F.2d 36 (1st Cir. 1987)   Cited 319 times
    Holding that revocation of building permit without affording applicants an opportunity to cross-question witnesses is not a denial of procedural due process

  10. Rederford v. U.S. Airways

    589 F.3d 30 (1st Cir. 2009)   Cited 131 times   2 Legal Analyses
    Holding that an 2008 ADA suit based upon a termination that occurred prior to the defendant's 2003 bankruptcy was discharged

  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 344,855 times   920 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 1715z-23 - HOPE for Homeowners Program

    12 U.S.C. § 1715z-23   Cited 4 times

    (a) Establishment There is established in the Federal Housing Administration a HOPE for Homeowners Program. (b) Purpose The purpose of the HOPE for Homeowners Program is- (1) to create an FHA program, participation in which is voluntary on the part of homeowners and existing loan holders to insure refinanced loans for distressed borrowers to support long-term, sustainable homeownership; (2) to allow homeowners to avoid foreclosure by reducing the principle 1 balance outstanding, and interest rate