59 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,100 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,127 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
Arbaugh v. Y H Corp.
546 U.S. 500 (2006) Cited 8,337 times 27 Legal Analyses
Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
Miller v. Currie
50 F.3d 373 (6th Cir. 1995) Cited 2,723 times 1 Legal Analyses
Holding that "a general objection to a magistrate's report, which fails to specify the issues of contention, does not satisfy the requirement that an objection is filed. The objections must be clear enough to enable the district court to discern those issues that are dispositive and contentious."
Insolia v. Philip Morris Inc.
216 F.3d 596 (7th Cir. 2000) Cited 1,221 times
Holding that, although "[t]he plaintiffs are in a predicament because state law in this area is stunted by the ability of [the defendants] to remove cases under diversity jurisdiction ... that does not justify the federal courts imposing a new tort claim on Wisconsin"
Lambert v. Hartman
517 F.3d 433 (6th Cir. 2008) Cited 916 times 3 Legal Analyses
Holding that the disclosure of financial information did not implicate the fundamental privacy interest acknowledged in Bloch
Pisciotta v. Old National Bancorp
499 F.3d 629 (7th Cir. 2007) Cited 788 times 12 Legal Analyses
Holding that, under Indiana state law, "allegations of increased risk of future identity theft . . . [are not] a harm that the law is prepared to remedy"
VRG Corp. v. GKN Realty Corp.
135 N.J. 539 (N.J. 1994) Cited 554 times
Holding unjust enrichment requires a showing that Plaintiff "expected remuneration from the defendant at the time [he] performed or conferred a benefit on defendant and that the failure of remuneration enriched defendant beyond its contractual rights"
Thiedemann v. Mercedes-Benz USA, LLC
183 N.J. 234 (N.J. 2005) Cited 360 times 4 Legal Analyses
Holding that the plaintiffs failed to allege ascertainable loss under the NJCFA where repairs were made by the defendant during the warranty period without cost to the plaintiffs
Combs v. International Ins. Co.
354 F.3d 568 (6th Cir. 2004) Cited 348 times
Holding that, where a state's supreme court has not ruled on a particular issue, federal courts should predict how the supreme court would rule
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,562 times 199 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1681b - Permissible purposes of consumer reports
15 U.S.C. § 1681b Cited 1,817 times 104 Legal Analyses
Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"
Section 1681a - Definitions; rules of construction
15 U.S.C. § 1681a Cited 1,530 times 64 Legal Analyses
Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)
Section 56:8-19 - Action, counterclaim by injured person; recovery of damages, costs
N.J. Stat. § 56:8-19 Cited 643 times 12 Legal Analyses
Requiring treble damages and attorney's fees
Section 646.638 - Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions
ORS § 646.638 Cited 229 times 1 Legal Analyses
Requiring Plaintiff to establish that Defendant's unlawful act was reckless or knowing
Section 367.220 - Action for recovery of money or property - When action may be brought
Ky. Rev. Stat. § 367.220 Cited 223 times 2 Legal Analyses
Granting right of recovery to person who "suffers any ascertainable loss of money or property" in conjunction with unfair, false, misleading or deceptive business acts or practices

Holmes et al v. Countrywide Financial Corporation et al

59 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

Holding that "a general objection to a magistrate's report, which fails to specify the issues of contention, does not satisfy the requirement that an objection is filed. The objections must be clear enough to enable the district court to discern those issues that are dispositive and contentious."

Holding that, although "[t]he plaintiffs are in a predicament because state law in this area is stunted by the ability of [the defendants] to remove cases under diversity jurisdiction ... that does not justify the federal courts imposing a new tort claim on Wisconsin"

Holding that the disclosure of financial information did not implicate the fundamental privacy interest acknowledged in Bloch

Holding that, under Indiana state law, "allegations of increased risk of future identity theft . . . [are not] a harm that the law is prepared to remedy"

Holding unjust enrichment requires a showing that Plaintiff "expected remuneration from the defendant at the time [he] performed or conferred a benefit on defendant and that the failure of remuneration enriched defendant beyond its contractual rights"

Holding that the plaintiffs failed to allege ascertainable loss under the NJCFA where repairs were made by the defendant during the warranty period without cost to the plaintiffs

Holding that, where a state's supreme court has not ruled on a particular issue, federal courts should predict how the supreme court would rule

Recognizing the need to protect "the consumer's right to privacy"

Granting permission to obtain credit report where person "intends to use the information, as a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation"

Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

Requiring treble damages and attorney's fees

Requiring Plaintiff to establish that Defendant's unlawful act was reckless or knowing

Granting right of recovery to person who "suffers any ascertainable loss of money or property" in conjunction with unfair, false, misleading or deceptive business acts or practices