§Why CasetextPricing

Delitz v. Portfolio Recovery Associates, LLC

MEMORANDUM

39 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 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' "

  2. Bissessur v. Indiana Univ. Bd.

    581 F.3d 599 (7th Cir. 2009)   Cited 868 times
    Holding that to state a claim, a plaintiff must plead sufficient factual content that "allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged"

  3. Avery v. State Farm

    216 Ill. 2d 100 (Ill. 2005)   Cited 752 times   6 Legal Analyses
    Holding claims of non-Illinois plaintiffs insufficient where the only connection to Illinois is the headquarters of the defendant and the fact that a scheme "was disseminated" from Illinois

  4. Bogie v. Rosenberg

    705 F.3d 603 (7th Cir. 2013)   Cited 495 times
    Holding that a video which "incontrovertibly contradicts" allegations is a sufficient basis to dismiss claims that based on those allegations.

  5. Bouse v. Bayer

    235 Ill. 2d 544 (Ill. 2009)   Cited 224 times   2 Legal Analyses
    Holding that plaintiff had no ICFA claim where plaintiff had seen no advertisements for the drug and had no independent knowledge of the drug or its effects

  6. Milliken & Co. v. Duro Textiles, LLC

    451 Mass. 547 (Mass. 2008)   Cited 141 times   1 Legal Analyses
    Concluding that seller corporation's sale of assets to successor corporation "while shedding its debt obligations to unsecured creditors . . . [was] precisely the kind of harm to innocent creditors that the successor liability doctrine was designed to prevent"

  7. Steffes v. Stepan Company

    144 F.3d 1070 (7th Cir. 1998)   Cited 180 times   1 Legal Analyses
    Holding that phone call to plaintiff's current employer to verify her employment, which also revealed the existence of the action, did not give rise to retaliation and that "litigation tactics subject to supervision by the court cannot constitute independent grounds of liability"

  8. Levin, Middlebrooks v. U.S. Fire Ins. Co.

    639 So. 2d 606 (Fla. 1994)   Cited 197 times   2 Legal Analyses
    Holding that the litigation privilege applies to conduct during and in relation to "a judicial proceeding" generally without any hint of a geographic limitation

  9. Kim v. Carter's Inc.

    598 F.3d 362 (7th Cir. 2010)   Cited 125 times   2 Legal Analyses
    Holding that a plaintiff can prove ICFA damages where "the value of what she received was less than the value of what she was promised"

  10. Morris v. Harvey Cycle Camper, Inc.

    392 Ill. App. 3d 399 (Ill. App. Ct. 2009)   Cited 112 times   1 Legal Analyses
    Holding emotional damages are compensable under the Consumer Fraud Act only when they are part of a total award that includes actual economic damages

  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 345,529 times   922 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 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,447 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  13. Section 815 ILCS 505/1

    815 ILCS 505/1   Cited 2,168 times   14 Legal Analyses
    Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"

  14. Section 815 ILCS 505/2

    815 ILCS 505/2   Cited 1,386 times   13 Legal Analyses
    Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"

  15. Section 815 ILCS 505/10a - Action for actual damages

    815 ILCS 505/10a   Cited 590 times   4 Legal Analyses
    Providing individual cause of action for violation resulting in "actual damages"

  16. Section 1692i - Legal actions by debt collectors

    15 U.S.C. § 1692i   Cited 367 times   2 Legal Analyses
    Establishing venue requirements for a debt collector "in the case of an action [brought by the debt collector] to enforce an interest in real property securing the consumer's obligation"

  17. Section 815 ILCS 505/10

    815 ILCS 505/10   Cited 58 times   1 Legal Analyses

    In any action brought under the provisions of this Act, the Attorney General or the State's Attorney is entitled to recover costs for the use of this State. 815 ILCS 505/10 P.A. 84-748.

  18. Section 815 ILCS 505/2Z - Violations of other Acts

    815 ILCS 505/2Z   Cited 37 times   1 Legal Analyses

    Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call

  19. Section 815 ILCS 505/2E

    815 ILCS 505/2E   Cited 6 times

    Any person who is regularly engaged in the business of providing or furnishing merchandise to consumers or in making loans to consumers and who has committed in any calendar year 3 or more violations, as determined in any civil or criminal proceeding, of the "Consumer Finance Act"; the "Consumer Installment Loan Act"; the "Retail Installment Sales Act"; the "Motor Vehicle Retail Installment Sales Act"; "An Act to revise the law in relation to the rate of interest and to repeal certain acts therein