35 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 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' "
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,874 times 6 Legal Analyses
Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
Jerman v. Carlisle
559 U.S. 573 (2010) Cited 749 times 7 Legal Analyses
Holding that "the bona fide error defense in § 1692k(c) does not apply to a violation of the FDCPA resulting from a debt collector's incorrect interpretation of the requirements of that statute" and reversing the contrary judgment of the court of appeals
Iqbal v. Hasty
490 F.3d 143 (2d Cir. 2007) Cited 1,826 times 1 Legal Analyses
Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
General Elect. Capital v. Lease Resolution
128 F.3d 1074 (7th Cir. 1997) Cited 1,522 times 1 Legal Analyses
Holding that constructive fraudulent transfer pleadings complied with Rule 9(b) where the complaint alleged that the transferor did not receive reasonably equivalent value and that the transfers "rendered [the transferor] insolvent and effectively precluded" it from paying its debts
Miller v. Wolpoff Abramson, L.L.P.
321 F.3d 292 (2d Cir. 2003) Cited 999 times 2 Legal Analyses
Holding that demand for attorneys' fees in collection action did not violate the FDCPA where credit card agreement provided for such fees
Heller Fin., Inc. v. Midwhey Powder Co., Inc.
883 F.2d 1286 (7th Cir. 1989) Cited 1,587 times
Holding that a "forum-selection clause is not dispositive under § 1404"
Beth Israel Med. v. Hori. Blue Cross
448 F.3d 573 (2d Cir. 2006) Cited 662 times
Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact
Keele v. Wexler
149 F.3d 589 (7th Cir. 1998) Cited 664 times 1 Legal Analyses
Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee
Kosakow v. New Rochelle Radiology Associates
274 F.3d 706 (2d Cir. 2001) Cited 496 times 1 Legal Analyses
Holding that reasonable factfinder could conclude setting up and testing X-ray processing machine was integral and indispensable because machine must be in its ready-to-use state for patients arriving at start of day
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 345,715 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,116 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,911 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 14,994 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,110 times 65 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices

Godson v. Eltman, Eltman & Cooper, P.C. et al

35 Cited authorities

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' "

Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

Holding that "the bona fide error defense in § 1692k(c) does not apply to a violation of the FDCPA resulting from a debt collector's incorrect interpretation of the requirements of that statute" and reversing the contrary judgment of the court of appeals

Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

Holding that constructive fraudulent transfer pleadings complied with Rule 9(b) where the complaint alleged that the transferor did not receive reasonably equivalent value and that the transfers "rendered [the transferor] insolvent and effectively precluded" it from paying its debts

Holding that demand for attorneys' fees in collection action did not violate the FDCPA where credit card agreement provided for such fees

Holding that a "forum-selection clause is not dispositive under § 1404"

Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact

Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee

Holding that reasonable factfinder could conclude setting up and testing X-ray processing machine was integral and indispensable because machine must be in its ready-to-use state for patients arriving at start of day

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Holding debt collectors civilly liable for illicit debt collection practices