§Why CasetextPricing

Federal National Mortgage Association et al v. SFR Investments Pool 1, LLC et al

RESPONSE to 32 MOTION to Dismiss

75 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. 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"

  3. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,900 times   19 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"

  4. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,428 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  5. Arlington Heights v. Metropolitan Housing Corp.

    429 U.S. 252 (1977)   Cited 4,349 times   8 Legal Analyses
    Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."

  6. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,172 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  7. Lingle v. Chevron U. S. A.

    544 U.S. 528 (2005)   Cited 1,183 times   18 Legal Analyses
    Holding that a substantive due process inquiry has "no proper place" in Takings doctrine, while distinguishing Nollan and Dolan as a special application of unconstitutional conditions doctrine for Takings

  8. Logan v. Zimmerman Brush Co.

    455 U.S. 422 (1982)   Cited 2,994 times
    Holding that a deprivation resulting from a mistake in established state procedures is not “random and unauthorized”

  9. Penn Central Transp. Co. v. New York City

    438 U.S. 104 (1978)   Cited 2,622 times   53 Legal Analyses
    Holding prohibition on construction of fifty-five-story office tower over New York's Grand Central Terminal is not a regulatory taking

  10. Jerman v. Carlisle

    559 U.S. 573 (2010)   Cited 760 times   7 Legal Analyses
    Holding that "the bona fide error defense in § 1692k(c) does not apply to a violation of the FDCPA resulting from a debt collector's incorrect interpretation of the requirements of that statute" and reversing the contrary judgment of the court of appeals

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  12. Section 4617 - Authority over critically undercapitalized regulated entities

    12 U.S.C. § 4617   Cited 667 times   4 Legal Analyses
    Granting the FHFA the power to “operate” Fannie Mae and Freddie Mac and “to conduct all [of their] business”

  13. Section 116.3116 - Liens against units for assessments

    Nev. Rev. Stat. § 116.3116   Cited 698 times
    Granting superpriority to the portion of the HOA's lien comprised of "any charges incurred by the association on a unit pursuant to NRS 116.310312"

  14. Section 1825 - Issuance of notes, debentures, bonds, and other obligations; exemptions

    12 U.S.C. § 1825   Cited 141 times   2 Legal Analyses
    Stating that "[n]o property of the Corporation [i.e. FDIC] shall be subject to levy, attachment, garnishment, foreclosure or sale without the consent of the Corporation, nor shall any involuntary lien attach to the property of the Corporation"

  15. Section 4513 - Duties and authorities of Director

    12 U.S.C. § 4513   Cited 33 times
    Empowering Agency to place entities like Freddie Mac into conservatorship to protect nation's housing market and participate in litigation toward same end

  16. Section 111.180 - Bona fide purchaser: Conveyance not deemed fraudulent in favor of bona fide purchaser unless subsequent purchaser had actual knowledge, constructive notice or reasonable cause to know of fraud

    Nev. Rev. Stat. § 111.180   Cited 32 times
    Immunizing bona fide purchasers from challenges to title

  17. Section 247.190 - Notice provided by recorded document; names of signers to be typed or printed beneath original signatures; affidavit

    Nev. Rev. Stat. § 247.190   Cited 5 times
    Stating that a properly recorded document "provides notice to all persons of the contents thereof, and all third parties shall be deemed to purchase and take with notice"