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Gillespie et al v. Ocwen Loan Servicing, LLC
MOTION for Summary Judgment and Motion for Judgment on the Pleadings
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Cited Authorities
Cited Authorities
10
10
Cited authorities
Ashcroft v. Iqbal
556 U.S. 662 (2009)
Cited 252,784 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
Great Plains Tr. v. Morgan Stanley Dean Witter
313 F.3d 305 (5th Cir. 2002)
Cited 2,571 times
1 Legal Analyses
Holding that an order denying remand based on improper joinder is reviewed de novo
Plotkin v. IP Axess Inc.
407 F.3d 690 (5th Cir. 2005)
Cited 948 times
Holding that a plaintiff must plead with “specificity as to the statements (or omissions) considered to be fraudulent, the speaker, when and why the statements were made, and an explanation of why they were fraudulent.”
Gentilello v. Rege
627 F.3d 540 (5th Cir. 2010)
Cited 702 times
Holding that the standard for deciding a Rule 12(c) motion is the same as for deciding a Rule 12(b) motion
Hebert Abstract Co. v. Touchstone Properties, Ltd.
914 F.2d 74 (5th Cir. 1990)
Cited 483 times
Holding that court should consider pleadings and judicially noticed facts
Hughes v. Tobacco Institute, Inc.
278 F.3d 417 (5th Cir. 2001)
Cited 309 times
1 Legal Analyses
Finding the fact that the plaintiffs were not direct purchasers of defendant weighed “heavily against finding antitrust standing”
Benchmark Bank v. Crowder
919 S.W.2d 657 (Tex. 1996)
Cited 217 times
Holding a bank that advances money to pay taxes owing is contractually subrogated to the government's tax lien
Chase Home Finance, L.L.C. v. Cal Western Reconveyance Corp.
309 S.W.3d 619 (Tex. App. 2010)
Cited 79 times
1 Legal Analyses
Holding declaratory relief was available to determine validity of competing instruments and resolving dispute between two purported lienholders
Lasalle Bank v. White
246 S.W.3d 616 (Tex. 2008)
Cited 63 times
Granting equitable subrogation of a home equity loan on agriculture exempt property
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 345,982 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