§Why CasetextPricing

Joseph v. Nationstar Mortgage, LLC et al

RESPONSE in Opposition re MOTION to Dismiss

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,228 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 274,597 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,752 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,524 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,025 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  6. Heintz v. Jenkins

    514 U.S. 291 (1995)   Cited 1,141 times   8 Legal Analyses
    Holding that “debt collector” as used in the Fair Debt Collection Practices Act, 15 U.S.C. § 1692a, includes attorneys notwithstanding the definition's lack of an express reference to lawyers or litigation

  7. Sinaltrainal v. Coca-Cola Co.

    578 F.3d 1252 (11th Cir. 2009)   Cited 1,182 times   4 Legal Analyses
    Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible

  8. Cook, Perkiss Liehe v. N.C. Collection Serv

    911 F.2d 242 (9th Cir. 1990)   Cited 2,269 times   2 Legal Analyses
    Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

  9. Hill v. White

    321 F.3d 1334 (11th Cir. 2003)   Cited 865 times   1 Legal Analyses
    Holding that "[w]e review de novo the district court's grant of a motion to dismiss under 12(b) for failure to state a claim"

  10. Clark v. Capital Credit Collection Serv

    460 F.3d 1162 (9th Cir. 2006)   Cited 588 times   3 Legal Analyses
    Holding that "general principles of agency ... form the basis of vicarious liability under the FDCPA"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,848 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,166 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,172 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  14. Section 4 - Misprision of felony

    18 U.S.C. § 4   Cited 1,389 times   10 Legal Analyses
    Subjecting to criminal penalties anyone with "knowledge ... of a felony" and who "conceals" that felony from authorities

  15. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,354 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  16. Section 192.001 - Policy concerning public records

    ORS § 192.001   Cited 10 times

    (1) The Legislative Assembly finds that: (a) The records of the state and its political subdivisions are so interrelated and interdependent that the decision as to what records are retained or destroyed is a matter of statewide public policy. (b) The interest and concern of citizens in public records recognizes no jurisdictional boundaries and extends to such records wherever they may be found in Oregon. (c) As local programs become increasingly intergovernmental, the state and its political subdivisions

  17. Section 194.005 - [Repealed]

    ORS § 194.005   Cited 2 times

    ORS 194.005 1967 c.541 §12; 1983 c.393 §12a; 1989 c.976 §1; repealed by 2013 c. 219, § 61

  18. Section 194.152 - [Repealed]

    ORS § 194.152

    ORS 194.152 1989 c.976 §15; 2009 c. 123, § 4; repealed by 2013 c. 219, § 61

  19. Section 192.240 - Duties of state agency issuing report

    ORS § 192.240

    To comply with the state policy relating to reports outlined in ORS 192.235, a state agency shall do the following: (1) Use electronic communications whenever the agency determines that such use reduces cost and still provides public access to information. (2) Whenever possible, use standard 8-1/2-by-11-inch paper printed on both sides of the sheet and use recycled paper, as defined in ORS 279A.010 and rules adopted pursuant thereto. (3) Insure that public documents are furnished to the State Librarian