§Why CasetextPricing

Friend v. First Premier Bank

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 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 265,830 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. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,167 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

  4. Pollice v. National Tax Funding, L.P.

    225 F.3d 379 (3d Cir. 2000)   Cited 530 times
    Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

  5. Bright v. Westmoreland County

    380 F.3d 729 (3d Cir. 2004)   Cited 132 times
    Holding that a district court's adoption of a prevailing party's proposed findings of fact and conclusions of law is not per se reversible error but explaining that the "findings of fact adopted by the court must be the result of the trial judge's independent judgment"

  6. Levy-Tatum v. Navient

    CIVIL ACTION NO. 15-3794 (E.D. Pa. Jan. 7, 2016)   Cited 26 times
    Explaining the corporate transactions that led to the newly created Navient Corp. and the transfer of the servicing of student loans handled by Sallie Mae, Inc. into Navient Solutions

  7. Prince v. NCO Financial Services, Inc.

    346 F. Supp. 2d 744 (E.D. Pa. 2004)   Cited 27 times
    Holding that servicing company is not a “debt collector” under the FDCPA if plaintiff's account was not in default at the time the servicer obtained the debt

  8. Nobile v. U.S. Bank Nat'l Ass'n

    CIVIL ACTION NO. 1:15-CV-01102 (M.D. Pa. Jan. 5, 2016)

    CIVIL ACTION NO. 1:15-CV-01102 01-05-2016 SALVADOR M. NOBILE, Plaintiff, v. U.S. BANK NATIONAL ASSOCIATION, et al., Defendants. MEHALCHICK, M.J. (RAMBO, J.) () REPORT AND RECOMMENDATION Plaintiff Salvador M. Nobile, proceeding pro se, brings this action asserting violations of the Fair Debt Collections Practices Act, 15 U.S.C. § 1692 et seq. (the "FDCPA"), federal civil rights law, and Pennsylvania state law. (Doc. 1). Named as Defendants are U.S. Bank National Association as Trustee for Structured

  9. United States v. Cent. Adjustment Bureau, Inc.

    823 F.2d 880 (5th Cir. 1987)   Cited 18 times
    Holding that, after the consumer wrote the debt collector and "requested in writing that he not call her at work," further calls violated § 1692c

  10. 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 344,948 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,212 times   83 Legal Analyses
    Defining debt collector

  12. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,433 times   67 Legal Analyses
    Setting forth requirements for disputing a debt