§Why CasetextPricing

In Re: Checking Account Overdraft Litigation

MOTION TO DISMISS 2027 Amended Complaint, FOR FAILURE TO STATE A CLAIM

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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 266,313 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. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,604 times   4 Legal Analyses
    Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

  4. United States v. Locke

    529 U.S. 89 (2000)   Cited 438 times   3 Legal Analyses
    Holding that the presumption does not apply in areas with a "history of significant federal presence"

  5. Barnett Bank of Marion County, N.A. v. Nelson

    517 U.S. 25 (1996)   Cited 486 times   21 Legal Analyses
    Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes

  6. Wisconsin Public Intervenor v. Mortier

    501 U.S. 597 (1991)   Cited 507 times   1 Legal Analyses
    Holding that respondent could not rely on theory that compliance with FIFRA and local ordinances regulating pesticides was a physical impossibility

  7. Rice v. Santa Fe Elevator Corp.

    331 U.S. 218 (1947)   Cited 2,165 times   11 Legal Analyses
    Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."

  8. Ray v. Atlantic Richfield Co.

    435 U.S. 151 (1978)   Cited 457 times
    Holding that Ex parte Young allowed suit in federal court against named state official for violating federal statute

  9. Silvas v. E*Trade Mortgage Corp.

    514 F.3d 1001 (9th Cir. 2008)   Cited 400 times
    Holding that claims for unfair advertising and unfair competition brought pursuant to California's consumer protection statute were preempted by § 560.2(b)

  10. County Comm., Caroline Cty. v. J. Roland Dashiell Sons

    358 Md. 83 (Md. 2000)   Cited 312 times
    Holding that a contract implied in law cannot supplant an express contract governing the same subject

  11. 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 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 56:8-1 - Applicability of C.56:8-1 et seq

    N.J. Stat. § 56:8-1   Cited 2,076 times   56 Legal Analyses
    Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

  13. Section 1464 - Federal savings associations

    12 U.S.C. § 1464   Cited 960 times   6 Legal Analyses
    Granting broad authority to Office of Thrift Supervision to issue regulations governing thrifts

  14. Section 1461 - Short title

    12 U.S.C. § 1461   Cited 736 times   3 Legal Analyses
    Providing for the establishment of federally chartered savings and loan associations

  15. Section 21 - Formation of national banking associations; incorporators; articles of association

    12 U.S.C. § 21   Cited 496 times   4 Legal Analyses
    Governing formation of national banks and their entry into articles of association

  16. Section 1463 - Supervision of savings associations

    12 U.S.C. § 1463   Cited 166 times   20 Legal Analyses
    Setting forth interest rates savings associations may charge

  17. Section 1462a - Administrative provisions

    12 U.S.C. § 1462a   Cited 118 times
    In 12 U.S.C. § 1462a(b), Congress delegated to the board's successor, the Office of Thrift Supervision, authority to "prescribe such regulations and issue such orders as the Director may determine to be necessary for carrying out this chapter....

  18. Section 5553 - Preservation of existing contracts

    12 U.S.C. § 5553   Cited 24 times

    This title,1 and regulations, orders, guidance, and interpretations prescribed, issued, or established by the Bureau, shall not be construed to alter or affect the applicability of any regulation, order, guidance, or interpretation prescribed, issued, and established by the Comptroller of the Currency or the Director of the Office of Thrift Supervision regarding the applicability of State law under Federal banking law to any contract entered into on or before July 21, 2010, by national banks, Federal

  19. Section 7.4007 - Deposit-taking by national banks

    12 C.F.R. § 7.4007   Cited 39 times   3 Legal Analyses

    (a)Authority of national banks. A national bank may receive deposits and engage in any activity incidental to receiving deposits, including issuing evidence of accounts, subject to such terms, conditions, and limitations prescribed by the Comptroller of the Currency and any other applicable Federal law. (b)Applicability of state law. A national bank may exercise its deposit-taking powers without regard to state law limitations concerning: (1) Abandoned and dormant accounts; (2) Checking accounts;