40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,234 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  4. Arizona v. California

    460 U.S. 605 (1983)   Cited 1,941 times   1 Legal Analyses
    Holding that res judicata barred re-opening the quantification of tribes' Winters rights
  5. Trans-Spec Truck v. Caterpillar

    524 F.3d 315 (1st Cir. 2008)   Cited 554 times
    Holding that filing of motion to amend eleven months after deadline established by scheduling order was unjustifiable, absent issues of estoppel
  6. Ahmed v. Rosenblatt

    118 F.3d 886 (1st Cir. 1997)   Cited 590 times
    Holding that the "bald assertion" that unspecified defendants used mail and wire communications to commit fraud does not meet Rule 9(b)'s pleading requirement
  7. Chiang v. Verizon New Eng.

    595 F.3d 26 (1st Cir. 2010)   Cited 290 times
    Holding that a furnisher's investigation obligation was minimal where the CRA provides “no guidance as to either the specific information that was disputed or the basis for the dispute”
  8. Culhane v. Aurora Loan Servs. of Neb.

    708 F.3d 282 (1st Cir. 2013)   Cited 232 times
    Holding that "a mortgagor does not have standing to challenge shortcomings in an assignment that render it merely voidable at the election of one party but otherwise effective to pass legal title"
  9. Purcell v. Bank of Am.

    659 F.3d 622 (7th Cir. 2011)   Cited 130 times   2 Legal Analyses
    Holding that the Fair Credit Reporting Act, 15 U.S.C. § 1681t(b)(F), preempts state law claims for supplying inaccurate information to credit reporting agencies
  10. Ross v. Federal Deposit Ins. Corp.

    625 F.3d 808 (4th Cir. 2010)   Cited 133 times   2 Legal Analyses
    Holding that plaintiff's claim that the defendant bank violated North Carolina law by reporting inaccurate credit information to a CRA was "squarely preempted" by FCRA
  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 267,561 times   779 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 122,224 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 21,614 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."
  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 13,176 times   6 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
  15. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 11,153 times   39 Legal Analyses
    Recognizing that the Rules of Civil Procedure "should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."
  16. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 5,236 times   179 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"
  17. Section 1328 - Discharge

    11 U.S.C. § 1328   Cited 3,033 times   6 Legal Analyses
    Granting discharge “as soon as practicable after completion by the debtor of all payments under the plan”
  18. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,329 times   30 Legal Analyses
    Denying private suits against "furnishers of information" under § 1681s-2
  19. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,242 times   52 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)
  20. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 652 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"