§Why CasetextPricing

Douglas v. Ocwen Loan Servicing, Llc

MOTION to dismiss for failure to state a claim

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,999 times   443 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,448 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  5. Brooks v. Blue Cross & Blue Shield of Florida, Inc.

    116 F.3d 1364 (11th Cir. 1997)   Cited 1,969 times
    Holding that employees "who have not suffered an injury in that they have been covered by Medicare for the medical care they have received retain a sufficient interest in this action for purposes of the Constitutional 'case or controversy' requirement"

  6. Jenkins Brick Co. v. Bremer

    321 F.3d 1366 (11th Cir. 2003)   Cited 248 times
    Holding that the venue statute "contemplates some cases in which venue will be proper in two or more districts."

  7. McLean v. GMAC Mortgage Corp.

    398 F. App'x 467 (11th Cir. 2010)   Cited 117 times
    Holding the district court did not err by failing to sua sponte appoint a guardian ad litem where the party requested continuances to allow recovery from psychological stress; “psychological and mental stress is not the equivalent of incompetence to proceed in court”

  8. Frazile v. EMC Mortgage Corp.

    382 F. App'x 833 (11th Cir. 2010)   Cited 100 times
    Holding that showing damages caused by the failure to provide notice of transfer is a “necessary element” of a RESPA claim

  9. U.S. v. Fisher

    289 F.3d 1329 (11th Cir. 2002)   Cited 126 times
    Holding that the Analogue Act was not unconstitutionally vague as applied to classify unlisted substance GBL as an analogue of GHB

  10. Holy Trinity Church v. United States

    143 U.S. 457 (1892)   Cited 923 times
    Holding that although the Alien Contract Labor Act made it a crime to contract with or encourage any alien to migrate to the United States "to perform labor or service of any kind," a cleric who emigrated from England to serve as a pastor of a New York church and thus technically fell within the letter of the Act, was exempt from the Act's reach because of the absurd results that would follow from giving such broad meaning to words of the statute

  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 357,835 times   950 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 162,084 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 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,849 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

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

    12 U.S.C. § 2605   Cited 3,773 times   25 Legal Analyses
    Describing "qualified written request"

  15. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,491 times   25 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

  16. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,271 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"

  17. Section 1024.35 - Error resolution procedures

    12 C.F.R. § 1024.35   Cited 366 times   17 Legal Analyses
    Outlining a mortgage servicer's obligations in response to a QWR providing notice of an alleged error

  18. Section 1024.36 - Requests for information

    12 C.F.R. § 1024.36   Cited 230 times   14 Legal Analyses
    Providing the requirements for responding to a QWR that requests information