33 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 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 279,746 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
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,542 times 105 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Exxon Mobil Corp. v. Saudi Basic Industries Corp.
544 U.S. 280 (2005) Cited 8,363 times 5 Legal Analyses
Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"
Haines v. Kerner
404 U.S. 519 (1972) Cited 60,668 times
Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,529 times 4 Legal Analyses
Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
Lance v. Dennis
546 U.S. 459 (2006) Cited 1,586 times
Holding that the doctrine "does not bar actions by nonparties to the earlier state-court judgment simply because, for purposes of preclusion law, they could be considered in privity with a party to the judgment"
Santiago v. Warminster Township
629 F.3d 121 (3d Cir. 2010) Cited 4,400 times 1 Legal Analyses
Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)
Morse v. Lower Merion School District
132 F.3d 902 (3d Cir. 1997) Cited 6,357 times 2 Legal Analyses
Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk
Great Western Mining v. Fox Rothschild
615 F.3d 159 (3d Cir. 2010) Cited 1,896 times
Holding that a § 1983 conspiracy claimant must assert facts from which a conspiratorial agreement can be inferred, not conclusory allegations
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 361,353 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 163,831 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 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,259 times 143 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
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
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,339 times 53 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Rule 802 - The Rule Against Hearsay
Fed. R. Evid. 802 Cited 4,016 times 12 Legal Analyses
Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay
Rule 902 - Evidence That Is Self-Authenticating
Fed. R. Evid. 902 Cited 2,214 times 35 Legal Analyses
Allowing authentication of domestic records of regularly conducted activity "by a certification of the custodian or another qualified person"
Section 5524 - Two year limitation
42 Pa. C.S. § 5524 Cited 2,294 times 2 Legal Analyses
Setting a two-year limitations period

Dowell v. Bayview Loan Servicing, Llc et al

33 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 strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"

Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"

Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

Holding that the doctrine "does not bar actions by nonparties to the earlier state-court judgment simply because, for purposes of preclusion law, they could be considered in privity with a party to the judgment"

Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)

Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

Holding that a § 1983 conspiracy claimant must assert facts from which a conspiratorial agreement can be inferred, not conclusory allegations

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. . . ."

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Holding debt collectors civilly liable for illicit debt collection practices

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

Allowing authentication of domestic records of regularly conducted activity "by a certification of the custodian or another qualified person"

Setting a two-year limitations period