30 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,896 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,933 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
Spokeo, Inc. v. Robins
578 U.S. 330 (2016) Cited 8,196 times 444 Legal Analyses
Holding that a statutory violation, without more, did not give rise to Article III standing
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 29,228 times 144 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"
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,496 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
Makarova v. U.S.
201 F.3d 110 (2d Cir. 2000) Cited 4,200 times
Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"
Roth v. CitiMortgage Inc.
756 F.3d 178 (2d Cir. 2014) Cited 145 times 3 Legal Analyses
Holding that a plaintiff alleging a violation of the Fair Debt Collection Practices Act must plead that an exception to the definition of a debt collector does not apply
Air Atlanta Aero Engineering Ltd. v. SP Aircraft Owner I, LLC
637 F. Supp. 2d 185 (S.D.N.Y. 2009) Cited 103 times
Holding that "a quasi-contractual claim against a third party must be dismissed when an undisputedly valid and enforceable written contract governs the same subject matter" and that the contrary view "has decidedly fallen out of favor"
Rent Stabilization Ass'n v. Dinkins
5 F.3d 591 (2d Cir. 1993) Cited 151 times
Holding that an association of landlords did not have associational standing to bring an as-applied takings challenge to a rent control law because the court would have to determine each landlord's individual return on investment based on "a host of individualized financial data"
Alibrandi v. Financial Outsourcing Services
333 F.3d 82 (2d Cir. 2003) Cited 110 times
Holding that lender's agent's self-identification as a debt collector in communication to borrower was relevant to whether lender considered the loan in default
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 361,619 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,952 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2 - Judicial Power and Jurisdiction
U.S. Const. art. III, § 2 Cited 11,152 times 4 Legal Analyses
Granting federal courts power only to resolve “cases” and “controversies”
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,335 times 83 Legal Analyses
Defining debt collector
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,202 times 66 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,812 times 744 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Dimarco v. Nationstar Mortgage, Llc.

30 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that a statutory violation, without more, did not give rise to Article III standing

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"

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"

Holding that a plaintiff alleging a violation of the Fair Debt Collection Practices Act must plead that an exception to the definition of a debt collector does not apply

Holding that "a quasi-contractual claim against a third party must be dismissed when an undisputedly valid and enforceable written contract governs the same subject matter" and that the contrary view "has decidedly fallen out of favor"

Holding that an association of landlords did not have associational standing to bring an as-applied takings challenge to a rent control law because the court would have to determine each landlord's individual return on investment based on "a host of individualized financial data"

Holding that lender's agent's self-identification as a debt collector in communication to borrower was relevant to whether lender considered the loan in default

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting federal courts power only to resolve “cases” and “controversies”

Defining debt collector

Holding debt collectors civilly liable for illicit debt collection practices

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals