§Why CasetextPricing

Evensen, Kevin et al v. Heights Finance Corporation et al

Brief in Support of 9 Motion to Dismiss

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 272,782 times   282 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 285,457 times   370 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. Sharp Electronics Corp. v. Met. Life Ins. Co.

    578 F.3d 505 (7th Cir. 2009)   Cited 271 times
    Holding that a district court is "free to take a new look" at a legal issue decided at an earlier stage of the litigation based on intervening events

  4. Al's Service Center v. BP Products North America, Inc.

    599 F.3d 720 (7th Cir. 2010)   Cited 207 times
    Noting that the Third Circuit “backed off” its strong language from Rago in Lugar

  5. Eley v. Evans

    476 F. Supp. 2d 531 (E.D. Va. 2007)   Cited 33 times
    Holding that "any aggrieved party may bring an action under the FDCPA" and therefore the plaintiff who was not the consumer-debtor had standing to sue under 15 U.S.C. §§ 1692d, 1692e, and 1692f

  6. Nadalin v. Automobile Recovery Bureau, Inc.

    169 F.3d 1084 (7th Cir. 1999)   Cited 31 times
    Noting that “repossessors” must comply with § 1692f

  7. Alexander v. Blackhawk Recovery Investigation

    Case No. 09-14201 (E.D. Mich. Aug. 16, 2010)   Cited 10 times
    Holding that the plaintiff sufficiently alleged a breach of the peace and "thereby lost its right to possession of the vehicle" for purposes of FDCPA § 1692f

  8. Dallman v. Felt & Lukes, LLC

    12-cv-765-wmc (W.D. Wis. Dec. 17, 2013)

    12-cv-765-wmc 12-17-2013 JESSE DALLMAN, Plaintiff, v. FELT & LUKES, LLC, PARKER COMMUNITY CREDIT UNION, and TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendants. WILLIAM M. CONLEY OPINION & ORDER In this civil action, plaintiff Jesse Dallman contends that defendants Parker Community Credit Union ("PCCU") and Felt & Lukes, LLC ("Felt & Lukes") unlawfully seized his Ford F350 after he defaulted on his loan payments in violation of the Fair Debt Collections Practices Act ("FDCPA"), 15 U.S.C

  9. 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 367,962 times   969 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 167,068 times   199 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  11. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 66,157 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"

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,383 times   83 Legal Analyses
    Defining debt collector