§Why CasetextPricing

Federal Trade Commission v. Centro Natural Corp, et al

MOTION TO DISMISS 14 Amended Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction 14 Amended Complaint

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,785 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,756 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,751 times   138 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. Texas v. United States

    523 U.S. 296 (1998)   Cited 1,468 times   3 Legal Analyses
    Holding that a claim that "rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all" is not ripe for adjudication

  5. National Park Hospitality Assn. v. Dept. of Interior

    538 U.S. 803 (2003)   Cited 1,007 times   2 Legal Analyses
    Holding that although the question presented was purely legal and the rule constituted final action, further factual development would "significantly advance our ability to deal with the legal issues presented" so the matter was not ripe for judicial review

  6. Thomas v. Union Carbide Agric. Products Co.

    473 U.S. 568 (1985)   Cited 1,254 times   5 Legal Analyses
    Holding that a challenge to a statutory system of arbitration was ripe because the plaintiffs' "injury [was] not a function of whether the [arbitration] tribunal awards reasonable compensation but of the tribunal's authority to adjudicate the dispute"

  7. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 751 times   2 Legal Analyses
    Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"

  8. Granite State Outdoor v. City of Clearwater

    351 F.3d 1112 (11th Cir. 2003)   Cited 112 times
    Holding that a plaintiff suffered injury sufficient to confer standing to challenge the constitutionality of an ordinance after the City denied his application for a billboard permit under that ordinance

  9. David v. American Suzuki Motor Corp.

    629 F. Supp. 2d 1309 (N.D. Fla. 2009)   Cited 60 times
    Dismissing breach of implied warranty claim under Florida law against American Suzuki or Suzuki Japan for lack of contractual privity because plaintiff "purchased his motorcycle from dealer Motorsports in Miami, not from American Suzuki or Suzuki Japan"

  10. American v. Griggs

    959 So. 2d 322 (Fla. Dist. Ct. App. 2007)   Cited 63 times
    Holding that conferral of a direct benefit is required

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,692 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,980 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 4,871 times   144 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  15. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,852 times   547 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  16. Section 53 - False advertisements; injunctions and restraining orders

    15 U.S.C. § 53   Cited 813 times   71 Legal Analyses
    Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue

  17. Section 57b - Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices

    15 U.S.C. § 57b   Cited 197 times   32 Legal Analyses
    Identifying a rule violation under the Act as the basis for a civil action

  18. Section 6101 - Findings

    15 U.S.C. § 6101   Cited 162 times   15 Legal Analyses
    Telemarketing and Consumer Fraud and Abuse Prevention Act

  19. Section 1692l - Administrative enforcement

    15 U.S.C. § 1692l   Cited 72 times   10 Legal Analyses
    Setting forth administrative enforcement and rulemaking authority under the FDCPA