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Jennings et al v. Aaron's Sales & Lease Ownership, Inc.

MOTION to dismiss for lack of jurisdiction and Incorporated Memorandum of Law

52 Cited authorities

  1. Owen Equipment Erection Co. v. Kroger

    437 U.S. 365 (1978)   Cited 4,051 times
    Holding no diversity jurisdiction over claim by plaintiff against third-party defendant because both were Iowa citizens

  2. Jinks v. Richland County

    538 U.S. 456 (2003)   Cited 262 times
    Holding that a statute is authorized by the Necessary and Proper Clause when it “provides an alternative to [otherwise] unsatisfactory options” that are “obviously inefficient”

  3. Rollins v. Butland

    951 So. 2d 860 (Fla. Dist. Ct. App. 2007)   Cited 531 times   6 Legal Analyses
    Holding that a private individual seeking a consumer claim for damages under FDUTPA has to prove actual damages

  4. Keele v. Wexler

    149 F.3d 589 (7th Cir. 1998)   Cited 664 times   1 Legal Analyses
    Holding plaintiff had Article III standing where defendant tried to collect an illegal collection fee, even if plaintiff did not pay the fee

  5. Palmer v. Hospital Authority of Randolph Cty

    22 F.3d 1559 (11th Cir. 1994)   Cited 644 times
    Holding that the considerations articulated in United Mine Workers of America v. Gibbs, 383 U.S. 715, survived the codification of 28 U.S.C. § 1367

  6. Parker v. Scrap Metal Processors, Inc.

    468 F.3d 733 (11th Cir. 2006)   Cited 263 times
    Holding that 28 U.S.C. § 1367 "confers supplemental jurisdiction over all state claims which arise out of a common nucleus of operative fact with a substantial federal claim"

  7. Baker v. G. C. Services Corp.

    677 F.2d 775 (9th Cir. 1982)   Cited 364 times
    Holding that the defense does not apply to legal errors

  8. Hudson v. Delta Air Lines, Inc.

    90 F.3d 451 (11th Cir. 1996)   Cited 174 times   1 Legal Analyses
    Holding that courts must look to whether the state-law claims "arise from the same facts, or involve similar occurrences, witnesses or evidence"

  9. Pochiro v. Prudential Ins. Co. of America

    827 F.2d 1246 (9th Cir. 1987)   Cited 213 times
    Holding that insufficient verification of a notice of removal was not fatal to jurisdiction because the technical error was later corrected by amended notice

  10. Plant v. Blazer Financial Services, Inc.

    598 F.2d 1357 (5th Cir. 1979)   Cited 266 times
    Holding that debt counterclaims are compulsory in Truth In Lending Act ("TILA") cases

  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 345,885 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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,205 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,364 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,409 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  15. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,771 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  16. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  17. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,663 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  18. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,920 times   21 Legal Analyses
    Determining whether counterclaims are compulsory

  19. Section 559.55 - Definitions

    Fla. Stat. § 559.55   Cited 329 times   7 Legal Analyses
    Including "debtor" in the same definition

  20. Section 559.77 - Civil remedies

    Fla. Stat. § 559.77   Cited 251 times   9 Legal Analyses
    Establishing a two-year statute of limitations for claims under the FCCPA