72 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,772 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 275,105 times   368 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
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,735 times   141 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,378 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
  5. Brooks v. Ross

    578 F.3d 574 (7th Cir. 2009)   Cited 3,309 times
    Holding that a claim is plausible if the facts alleged raise a reasonable expectation that discovery will yield evidence supporting the allegations
  6. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,323 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  7. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,292 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
  8. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,460 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  9. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,219 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  10. Ford Motor Credit Co. v. Milhollin

    444 U.S. 555 (1980)   Cited 834 times
    Holding that deference was appropriate to official staff opinions of Federal Reserve Board interpreting the Truth in Lending Act and Regulation Z, unless demonstrably irrational
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,720 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity
  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,231 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,935 times   62 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,958 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
  15. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,894 times   21 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act
  16. Section 1603 - Exempted transactions

    15 U.S.C. § 1603   Cited 339 times   4 Legal Analyses
    Exempting "credit transactions involving extensions of credit primarily for business, commercial, or agricultural purposes, or to government or governmental agencies or instrumentalities, or to organizations"
  17. Section 1647 - Home equity plans

    15 U.S.C. § 1647   Cited 25 times   1 Legal Analyses

    (a) Index requirement In the case of extensions of credit under an open end consumer credit plan which are subject to a variable rate and are secured by a consumer's principal dwelling, the index or other rate of interest to which changes in the annual percentage rate are related shall be based on an index or rate of interest which is publicly available and is not under the control of the creditor. (b) Grounds for acceleration of outstanding balance A creditor may not unilaterally terminate any account

  18. Section 226.2 - Definitions and rules of construction

    12 C.F.R. § 226.2   Cited 867 times   1 Legal Analyses
    Defining "consumer credit"
  19. Section 226.3 - Exempt transactions

    12 C.F.R. § 226.3   Cited 121 times   1 Legal Analyses
    Providing that Regulation Z does not apply to "[ a]n extension of credit primarily for a business, commercial or agricultural purpose"
  20. Section 226.9 - Subsequent disclosure requirements

    12 C.F.R. § 226.9   Cited 120 times   1 Legal Analyses
    Providing creditor must give notice "[w]henever any term required to be disclosed under § 226.6 is changed"
  21. Section 226.5b - Requirements for home equity plans

    12 C.F.R. § 226.5b   Cited 40 times   1 Legal Analyses
    Prohibiting lender from unilaterally changing terms of loan