§Why CasetextPricing

Kalar et al v. Bank of America Home Loans et al

MOTION to Dismiss for Failure to State a Claim

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,597 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 265,563 times   364 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. Arizona v. California

    460 U.S. 605 (1983)   Cited 2,203 times   1 Legal Analyses
    Holding that res judicata barred re-opening the quantification of tribes' Winters rights

  4. Trans-Spec Truck v. Caterpillar

    524 F.3d 315 (1st Cir. 2008)   Cited 633 times
    Holding that filing of motion to amend eleven months after deadline established by scheduling order was unjustifiable, absent issues of estoppel

  5. Wilson v. HSBC Mortgage Services Inc.

    744 F.3d 1 (1st Cir. 2014)   Cited 105 times
    Holding that the court may consider on a motion to dismiss “information found in the mortgage itself, public records, documents incorporated into the complaint by reference, and other matters susceptible to judicial notice”

  6. In re Citigroup

    535 F.3d 45 (1st Cir. 2008)   Cited 52 times   1 Legal Analyses
    Concluding that Citigroup employees could not maintain a conversion action pursuant to Florida or Georgia law because FA CAP expressly authorized forfeiture

  7. Naser Jewelers v. City of Concord

    538 F.3d 17 (1st Cir. 2008)   Cited 23 times
    In Naser Jewelers, Inc. v. City of Concord, 538 F.3d 17, 20 (1st Cir.2008), for example, a district court's initial denial of a preliminary injunction was affirmed by the First Circuit on appeal.

  8. 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 344,659 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  9. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,577 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  10. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,379 times   174 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,172 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."

  12. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,382 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  13. Section 1328 - Discharge

    11 U.S.C. § 1328   Cited 3,298 times   6 Legal Analyses
    Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”

  14. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,860 times   41 Legal Analyses
    Granting enforcement power to state and federal regulators