§Why CasetextPricing

Garrasi v. Christiana Trust et al

MOTION to Dismiss for Failure to State a Claim

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,498 times   280 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 269,239 times   367 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. Patel v. Contemporary Classics of Bev. Hills

    259 F.3d 123 (2d Cir. 2001)   Cited 596 times
    Holding that conversion “makes eminently good sense” under such circumstances and citing cases

  4. Achtman v. Kirby, McInerney Squire

    464 F.3d 328 (2d Cir. 2006)   Cited 420 times   1 Legal Analyses
    Holding that the court had ancillary jurisdiction over a fee dispute because the facts of the two claims "substantially overlapped" (quoting Lyndonville, 211 F.3d at 704)

  5. Alston v. Con. Fin. Corp.

    585 F.3d 753 (3d Cir. 2009)   Cited 240 times   1 Legal Analyses
    Holding that district court's reliance on purpose of statute after having discerned a contrary plain language meaning was error

  6. In re Carter

    553 F.3d 979 (6th Cir. 2009)   Cited 93 times   1 Legal Analyses
    Holding that plaintiffs need not allege a concrete injury to sue under RESPA's anti-kickback provision

  7. Johnson v. Ocwen Loan Servicing

    374 F. App'x 868 (11th Cir. 2010)   Cited 51 times
    Holding that plaintiff lacked standing to sue under § 1692c because she was not a consumer

  8. Le Bouteiller v. Bank of N.Y. Mellon

    14 Civ. 6013 (PGG) (S.D.N.Y. Sep. 11, 2015)   Cited 12 times
    In Le Bouteiller, for example, the district court concluded that the alleged harm of being unable to negotiate a short sale, negotiate a loan modification, and obtain new financing were too speculative and hypothetical to establish constitutional standing.

  9. McLean-Laprade v. HSBC

    7:12-CV-1774 (LEK/ATB) (N.D.N.Y. Jul. 30, 2013)   Cited 14 times
    Dismissing § 349 claim alleging failure to make appropriate disclosures concerning mortgage and inappropriate servicing of loan

  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 348,810 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,777 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,925 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  13. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,734 times   23 Legal Analyses
    Describing "qualified written request"

  14. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,877 times   18 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  15. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,339 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  16. Section 226.2 - Definitions and rules of construction

    12 C.F.R. § 226.2   Cited 866 times   1 Legal Analyses
    Defining "consumer credit"