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Eckman v. WealthSpring Mortgage Corporation

MEMORANDUM in Support re MOTION to Dismiss Defendant's Assault and Battery Counterclaim

36 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,692 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"

  2. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 18,405 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

  3. Gould Elecs. Inc. v. U.S.

    220 F.3d 169 (3d Cir. 2000)   Cited 2,747 times   1 Legal Analyses
    Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

  4. APWU v. Potter

    343 F.3d 619 (2d Cir. 2003)   Cited 667 times
    Finding that “Plaintiffs fail to articulate” their need for jurisdictional discovery

  5. Sizova v. National Institute of Standards & Technology

    282 F.3d 1320 (10th Cir. 2002)   Cited 495 times
    Holding that a court may convert a motion to dismiss to a motion for summary judgment under Fed. R. Civ. P. 56 only when the jurisdictional question is intertwined with the case's merits

  6. Nesbit v. Gears Unlimited, Inc.

    347 F.3d 72 (3d Cir. 2003)   Cited 459 times   1 Legal Analyses
    Holding that a court can and should evaluate its jurisdiction sua sponte

  7. New Mexicans for Bill Richardson v. Gonzales

    64 F.3d 1495 (10th Cir. 1995)   Cited 349 times
    Finding injury from the existence of a New Mexico statute relating to campaign expenditures that caused a congressman to engage in fundraising differently than he otherwise would have, even though the congressman had not yet announced his intention to run for office

  8. Crawford v. F. Hoffman-La Roche Ltd.

    267 F.3d 760 (8th Cir. 2001)   Cited 259 times
    Holding that individual class members' claims for statutory damages, punitive damages, restitution, and attorney fees cannot be aggregated to satisfy the statutory minimum for federal jurisdiction

  9. Andrus v. Charlestone Stone Products Co.

    436 U.S. 604 (1978)   Cited 152 times
    Holding that mining claimants must acquire water rights pursuant to state law

  10. St. Jude Medical, Inc. v. Lifecare Int'l, Inc.

    250 F.3d 587 (8th Cir. 2001)   Cited 213 times
    Holding personal jurisdiction established where defendants had long-term, ongoing business relationships

  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 366,511 times   968 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 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 65,917 times   86 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 5,054 times   22 Legal Analyses
    Determining whether counterclaims are compulsory

  15. Section 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,431 times   43 Legal Analyses
    Authorizing " any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) ... actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater"

  16. Section 1681b - Permissible purposes of consumer reports

    15 U.S.C. § 1681b   Cited 1,838 times   105 Legal Analyses
    Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

  17. Section 1681o - Civil liability for negligent noncompliance

    15 U.S.C. § 1681o   Cited 1,214 times   8 Legal Analyses
    Subjecting persons who "negligently" fail to comply to only compensatory damages

  18. Section 1681q - Obtaining information under false pretenses

    15 U.S.C. § 1681q   Cited 153 times   1 Legal Analyses
    Making it a crime to "knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses"