22 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,185 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,120 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,378 times 5 Legal Analyses
Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
Jones v. Community Redevelopment Agency
733 F.2d 646 (9th Cir. 1984) Cited 3,865 times
Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"
Klamath-Lake Pharm. v. Klamath Med. Serv
701 F.2d 1276 (9th Cir. 1983) Cited 1,034 times
Holding that "futile amendments should not be permitted"
Graehling v. Village of Lombard
58 F.3d 295 (7th Cir. 1995) Cited 317 times
Holding that the ADA does not apply retroactively to alleged acts of discrimination that occurred prior to its effective date
Semar v. Platte Valley Federal S L Ass'n
791 F.2d 699 (9th Cir. 1986) Cited 199 times
Holding that a rescission notice that omitted the expiration date did not satisfy TILA
Watson v. Weeks
436 F.3d 1152 (9th Cir. 2006) Cited 98 times
Holding § 1396a enforceable under § 1983
ASW v. Oregon ex rel. Department of Human Services
424 F.3d 970 (9th Cir. 2005) Cited 49 times
Holding that CWA entitles adoptive parents to individualized payment determinations
May Dept. Store v. Graphic Process Co.
637 F.2d 1211 (9th Cir. 1980) Cited 103 times
Holding that Section 2(c) only applies to tangible products
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 357,280 times 950 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 161,761 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 114,466 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 99,883 times 136 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,618 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1601 - Congressional findings and declaration of purpose
15 U.S.C. § 1601 Cited 7,887 times 55 Legal Analyses
Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,830 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 1640 - Civil liability
15 U.S.C. § 1640 Cited 4,965 times 25 Legal Analyses
Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
Section 1635 - Right of rescission as to certain transactions
15 U.S.C. § 1635 Cited 3,331 times 27 Legal Analyses
Granting consumers the right to rescind
Rule 3 - Commencing an Action
Fed. R. Civ. P. 3 Cited 3,063 times 5 Legal Analyses
Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"

Hogan et al v. NW Trust Services, Inc. et al

22 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"

Holding that "futile amendments should not be permitted"

Holding that the ADA does not apply retroactively to alleged acts of discrimination that occurred prior to its effective date

Holding that a rescission notice that omitted the expiration date did not satisfy TILA

Holding § 1396a enforceable under § 1983

Holding that CWA entitles adoptive parents to individualized payment determinations

Holding that Section 2(c) only applies to tangible products

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. . . ."

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

Granting consumers the right to rescind

Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"