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Goggans v. Trans Union, Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,156 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 267,040 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. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,189 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

  4. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,090 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  5. Trump Hotels Casino v. Mirage Resorts

    140 F.3d 478 (3d Cir. 1998)   Cited 802 times   1 Legal Analyses
    Holding that dismissal is appropriate "only if . . . no relief could be granted under any set of facts consistent with the allegations of the complaint"

  6. ALA, Inc. v. CCAIR, Inc.

    29 F.3d 855 (3d Cir. 1994)   Cited 768 times   2 Legal Analyses
    Holding that statute of frauds defense may be raised on a motion to dismiss

  7. Hunt v. U.S. Tobacco Co.

    538 F.3d 217 (3d Cir. 2008)   Cited 322 times   1 Legal Analyses
    Holding that private plaintiffs pursuing claims under "all substantive sections of the Consumer Protection Law, fraud-based or not," must prove justifiable reliance

  8. Bortz v. Noon

    556 Pa. 489 (Pa. 1999)   Cited 353 times
    Adopting Restatement (Second) Torts § 552

  9. Cushman v. Trans Union Corporation

    115 F.3d 220 (3d Cir. 1997)   Cited 241 times   1 Legal Analyses
    Holding that because § 1681i's reinvestigation requirement may mandate a more thorough investigation than that contemplated by § 1681e(b), "[j]udgment as a matter of law, even if appropriate on a § 1681e(b) claim, thus may not be warranted on a § 1681i claim"

  10. Hutchinson v. Delaware Savings Bank FSB

    410 F. Supp. 2d 374 (D.N.J. 2006)   Cited 186 times
    Holding that a creditor's CFA claim alleging erroneous reporting was preempted by the FCRA

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,954 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

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

    15 U.S.C. § 1681s-2   Cited 2,872 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators

  13. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 728 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"

  14. Section 1681t - Relation to State laws

    15 U.S.C. § 1681t   Cited 647 times   14 Legal Analyses
    Preempting state-law claims "relating to the responsibilities of persons who furnish information to consumer reporting agencies"

  15. Section 1681k - Public record information for employment purposes

    15 U.S.C. § 1681k   Cited 102 times   4 Legal Analyses
    Stating a "consumer reporting agency which furnishes a consumer report for employment purposes ... shall maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date"