§Why CasetextPricing

Hill et al v. Nationstar Mortgage, LLC et al

MOTION TO DISMISS 29 Amended Complaint FOR FAILURE TO STATE A CLAIM

38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 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 265,409 times   364 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. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,130 times   9 Legal Analyses
    Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

  4. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,578 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  5. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 658 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

  6. Harris v. Ivax Corp.

    182 F.3d 799 (11th Cir. 1999)   Cited 416 times   1 Legal Analyses
    Holding that where all allegedly false statements were identified as forward-looking statements and accompanied by cautionary language, "the defendant's state of mind is irrelevant"

  7. Bessette v. AVCO Financial Services Inc.

    230 F.3d 439 (1st Cir. 2000)   Cited 339 times   1 Legal Analyses
    Holding that a debtor is not required to "bring her claims in the court that issued the original discharge order"

  8. Green Leaf Nursery v. E.I. DuPont de Nemours & Co.

    341 F.3d 1292 (11th Cir. 2003)   Cited 269 times
    Holding that the contract's Delaware choice of law provision did not control which state's law applied to a fraudulent inducement claim

  9. Richmond v. Nationwide Cassel L.P.

    52 F.3d 640 (7th Cir. 1995)   Cited 336 times
    Holding that an amended complaint with vague and scanty allegations fails to satisfy the notice requirement of Rule 8

  10. Stachon v. United Consumers Club, Inc.

    229 F.3d 673 (7th Cir. 2000)   Cited 235 times
    Holding that RICO enterprise did not exist because, aside from naming the participants, plaintiff failed to allege any facts "as to the scope and duration of the enterprise"

  11. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,374 times   102 Legal Analyses
    Relating to mail fraud

  12. Section 1024.35 - Error resolution procedures

    12 C.F.R. § 1024.35   Cited 341 times   15 Legal Analyses
    Outlining a mortgage servicer's obligations in response to a QWR providing notice of an alleged error