§Why CasetextPricing

Jackson et al v. Bank of America, N.A.

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,433 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 268,213 times   366 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,495 times   437 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,399 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"

  5. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,523 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  6. Kaymark ex rel. Current v. Bank of Am., N.A.

    783 F.3d 168 (3d Cir. 2015)   Cited 252 times   8 Legal Analyses
    Holding that such an entity is a debt collector for the purpose of all the Act’s requirements

  7. Maurizio v. Goldsmith

    230 F.3d 518 (2d Cir. 2000)   Cited 320 times
    Holding that plaintiff cannot recover under GBL § 349 absent allegations that "the plaintiff has been injured"

  8. Green v. Wells Fargo Bank, N.A.

    927 F. Supp. 2d 244 (D. Md. 2013)   Cited 60 times
    Holding MCPA claim inadequately pleaded where plaintiffs alleged that bank's misrepresentations "could cause a reasonable consumer to . . . be [led] into a false state of comfort," but did not allege that the bank specifically directed plaintiffs to refrain from challenging their foreclosure proceedings and instead submit loan modification applications or that the bank's statements caused plaintiffs to forego certain actions or remedies that would have helped them save their home

  9. Kilgore v. Ocwen Loan Servicing, LLC

    89 F. Supp. 3d 526 (E.D.N.Y. 2015)   Cited 48 times
    Holding that "[t]he contract itself need not be attached to the complaint, but the pleading must at least set forth the terms by express reference to satisfy this requirement"

  10. Lage v. Ocwen Loan Servicing LLC

    145 F. Supp. 3d 1172 (S.D. Fla. 2015)   Cited 37 times
    Finding that in order for a borrower to avail himself of Regulation X's protections, the borrower's application must be received by the servicer after the effective date of the regulation

  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 347,669 times   925 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 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,730 times   23 Legal Analyses
    Describing "qualified written request"

  13. Section 1024.41 - Loss mitigation procedures

    12 C.F.R. § 1024.41   Cited 774 times   54 Legal Analyses
    Authorizing borrowers to seek damages for servicer misconduct in connection with borrowers' review for loss mitigation options under § 2605(f)