§Why CasetextPricing

Geske et al v. Federal National Mortgage ASS'N et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

13 Cited authorities

  1. American Airlines, Inc. v. Wolens

    513 U.S. 219 (1995)   Cited 777 times   11 Legal Analyses
    Holding the Illinois Consumer Fraud Act preempted by the Federal Airline Deregulation Act to the extent the state law applied to airline frequent flier programs

  2. Avery v. State Farm

    216 Ill. 2d 100 (Ill. 2005)   Cited 752 times   6 Legal Analyses
    Holding claims of non-Illinois plaintiffs insufficient where the only connection to Illinois is the headquarters of the defendant and the fact that a scheme "was disseminated" from Illinois

  3. Cohen v. Am. Sec. Ins. Co.

    735 F.3d 601 (7th Cir. 2013)   Cited 209 times   1 Legal Analyses
    Holding that the implied duty of good faith does not require parties to "be reasonable," but to avoid invoking a contractual provision "dishonestly to achieve a purpose contract to that for which the contract had been made" and finding that the lender did not violate this duty when it gave the borrower notices of the LPI and that she could cancel at any time by securing her own insurance

  4. Greenberger v. Geico General Insurance Company

    631 F.3d 392 (7th Cir. 2011)   Cited 154 times   1 Legal Analyses
    Holding that allegations of false promises to restore vehicles and omissions about those promises were "nothing more than restatements of the claimed breach of contract, albeit using the language of fraud."

  5. Purcell v. Bank of Am.

    659 F.3d 622 (7th Cir. 2011)   Cited 149 times   2 Legal Analyses
    Holding that the Fair Credit Reporting Act, 15 U.S.C. § 1681t(b)(F), preempts state law claims for supplying inaccurate information to credit reporting agencies

  6. Todd v. Franklin Collection Serv., Inc.

    694 F.3d 849 (7th Cir. 2012)   Cited 14 times
    In Todd v. Franklin Collection Service, Inc., 694 F.3d 849, 851 (7th Cir.2012), the court determined that an assignment of an action was void because the assignee was using it to engage in the unauthorized practice of law.

  7. Golembiewski v. Hallberg Ins. Agency

    262 Ill. App. 3d 1082 (Ill. App. Ct. 1994)   Cited 28 times
    Reversing a directed verdict for the plaintiff because the consumer-fraud allegation was nothing more than a breach-of-contract claim

  8. Kesten v. Ocwen Loan Servicing, LLC

    No. 11 C 6981 (N.D. Ill. Feb. 9, 2012)   Cited 4 times
    Rejecting liability against the loan servicer

  9. 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 345,449 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

  10. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,292 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  11. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,868 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators

  12. Section 815 ILCS 505/2

    815 ILCS 505/2   Cited 1,386 times   13 Legal Analyses
    Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"

  13. Section 1681t - Relation to State laws

    15 U.S.C. § 1681t   Cited 646 times   14 Legal Analyses
    Preempting state-law claims "relating to the responsibilities of persons who furnish information to consumer reporting agencies"