§Why CasetextPricing

Hubbard v. TD Bank, National Association et al

MOTION to dismiss for failure to state a claim

30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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 267,097 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. Jones v. Bock

    549 U.S. 199 (2007)   Cited 12,834 times   7 Legal Analyses
    Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court

  4. Jackson v. Birmingham Bd.

    544 U.S. 167 (2005)   Cited 881 times   12 Legal Analyses
    Holding that "the text of Title IX prohibits a funding recipient from retaliating against a person who speaks out against sex discrimination, because such retaliation is intentional ‘discrimination’ ‘on the basis of sex’ "

  5. Weiland v. Palm Beach Cnty. Sheriff's Office

    792 F.3d 1313 (11th Cir. 2015)   Cited 2,333 times   2 Legal Analyses
    Holding that the "conclusory allegation that the Sheriff’s Office was ‘on notice’ of the need to ‘promulgate, implement, and/or oversee’ policies pertaining to the ‘use of force’ " was insufficient when the claim arose from a single incident involving two deputies

  6. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,779 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims

  7. Bingham v. Thomas

    654 F.3d 1171 (11th Cir. 2011)   Cited 1,183 times
    Holding that inmates have "no constitutionally-protected liberty interest in access to [grievance] procedure"

  8. Marsh v. Butler County

    268 F.3d 1014 (11th Cir. 2001)   Cited 1,540 times
    Holding that a supervisory official "can have no respondeat superior liability for a section 1983 claim."

  9. Davis v. Coca-Cola Bottling

    516 F.3d 955 (11th Cir. 2008)   Cited 950 times   2 Legal Analyses
    Holding that hiring decisions were "discrete acts of discrimination" that could not go forward under the continuing-violation doctrine

  10. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 927 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  11. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,314 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

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

    15 U.S.C. § 1681s-2   Cited 2,873 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators

  13. Section 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,450 times   25 Legal Analyses
    Relating to indirect disputes

  14. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,351 times   61 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

  15. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 292 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"