§Why CasetextPricing

Edwards et al v. Aurora Loan Services, LLC et al

MOTION to Dismiss

40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,570 times   141 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"

  4. American Mfrs. Mut. Ins. Co. v. Sullivan

    526 U.S. 40 (1999)   Cited 4,972 times
    Holding that the private insurers were not state actors

  5. Jones v. Barnes

    463 U.S. 745 (1983)   Cited 11,236 times   21 Legal Analyses
    Holding that it was not ineffective assistance for appellate counsel to decline to make every nonfrivolous argument requested by the defendant

  6. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  7. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,943 times   43 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

  8. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,809 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

  9. Morrissey v. Brewer

    408 U.S. 471 (1972)   Cited 10,781 times   5 Legal Analyses
    Holding that parolees "must have an opportunity to be heard and to show . . . that circumstances in mitigation suggest that the violation does not warrant revocation"

  10. Rendell-Baker v. Kohn

    457 U.S. 830 (1982)   Cited 2,469 times   2 Legal Analyses
    Holding that "receipt of public funds does not make [a private school's] discharge decisions acts of the State"

  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 5201 - Purposes

    12 U.S.C. § 5201   Cited 448 times

    The purposes of this chapter are- (1) to immediately provide authority and facilities that the Secretary of the Treasury can use to restore liquidity and stability to the financial system of the United States; and (2) to ensure that such authority and such facilities are used in a manner that- (A) protects home values, college funds, retirement accounts, and life savings; (B) preserves homeownership and promotes jobs and economic growth; (C) maximizes overall returns to the taxpayers of the United