§Why CasetextPricing

Galvin et al v. Metrocities Mortgage, Llc et al

MOTION to Dismiss for Failure to State a Claim Defendants' Motion to Dismiss Plaintiffs' Amended Complaint

18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 times   365 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. Arizona v. California

    460 U.S. 605 (1983)   Cited 2,209 times   1 Legal Analyses
    Holding that res judicata barred re-opening the quantification of tribes' Winters rights

  4. Massachusetts School of Law v. American Bar

    142 F.3d 26 (1st Cir. 1998)   Cited 721 times   2 Legal Analyses
    Holding that the defendants who "were parties to the precursor litigation" were sufficiently identical, though the current action added additional new parties

  5. Thomas v. Rhode Island

    542 F.3d 944 (1st Cir. 2008)   Cited 121 times
    Affirming a dismissal because “[t]he vague references in the complaint to acts of the defendants that ‘are illegal’ and ‘without lawful authority’ were insufficient to apprise defendants that the appellants were asserting a more particular claim that there was a lack of probable cause for the arrests”

  6. Moore v. Mortg. Elec. Registration Sys., Inc.

    848 F. Supp. 2d 107 (D.N.H. 2012)   Cited 93 times
    Holding that unlawful conduct in relation to mortgage modification and foreclosure did not state emotional distress claim

  7. Cohen v. Brown University

    101 F.3d 155 (1st Cir. 1996)   Cited 112 times   1 Legal Analyses
    Holding that the 1979 Policy Interpretation "need not be approved by the President in order to become effective," as it "is not a rule, regulation, or order"

  8. Breneman v. U.S. ex Rel. F.A.A

    381 F.3d 33 (1st Cir. 2004)   Cited 61 times
    Considering Mass. Gen. L. c. 90, § 39

  9. U.S. v. Gomez-Rosario

    418 F.3d 90 (1st Cir. 2005)   Cited 57 times
    Holding that district court could, consistent with Faretta, require that standby counsel screen pro se defendant's motions to "facilitate the orderly functioning of the proceedings" after the unassisted defendant deluged the district court with nearly 100 long and frivolous motions

  10. Sleeper v. Hoban Family P'Ship

    157 N.H. 530 (N.H. 2008)   Cited 22 times
    Holding that "because the petitioner is the successor in interest to the [prior property owner], he is in privity with them and is bound by the judgment in their prior action [involving the property]," despite the fact that the petitioner's interests were not represented or protected in the prior litigation

  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 345,805 times   922 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 156,162 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 108,040 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"