72 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,314 times   280 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 269,063 times   367 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,078 times   138 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 4,312 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 3,271 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 2,276 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 3,257 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 2,434 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 1,207 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 832 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 39,122 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity
  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,558 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 24,642 times   61 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 4,924 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 1,877 times   18 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 337 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 24 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 866 times   1 Legal Analyses
    Defining "consumer credit"
  19. 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"
  20. Section 226.3 - Exempt transactions

    12 C.F.R. § 226.3   Cited 120 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"
  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