§Why CasetextPricing

Karmol v. Ocwen Loan Servicing, Llc et al

MOTION to dismiss for failure to state a claim

98 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,348 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,254 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  5. Dewsnup v. Timm

    502 U.S. 410 (1992)   Cited 1,510 times   27 Legal Analyses
    Holding that § 506(d) does not permit a Chapter 7 debtor to strip down a partially unsecured lien

  6. Bassett v. National Collegiate Athletic Ass'n

    528 F.3d 426 (6th Cir. 2008)   Cited 2,700 times   4 Legal Analyses
    Holding that, on a motion to dismiss, a court “may consider the Complaint and any exhibits attached thereto, public records, items appearing in the record of the case and exhibits attached to defendant's motion to dismiss so long as they are referred to in the Complaint and are central to the claims contained therein”

  7. Blue Chip Stamps v. Manor Drug Stores

    421 U.S. 723 (1975)   Cited 2,078 times   28 Legal Analyses
    Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5

  8. People v. Trakhtenberg

    493 Mich. 38 (Mich. 2012)   Cited 1,325 times   1 Legal Analyses
    Holding that, in a CSC case turning solely on credibility, a reasonable attorney would have consulted with an expert on such matters as forensic interviewing protocols in order to develop a defense

  9. Weiner v. Klais and Co., Inc.

    108 F.3d 86 (6th Cir. 1997)   Cited 1,687 times
    Holding that a document incorporated by reference in a complaint can be introduced by a defendant if it is not attached by plaintiff

  10. Commercial Money v. Illinois

    508 F.3d 327 (6th Cir. 2007)   Cited 1,063 times
    Holding that a district court may consider documents referenced in the pleadings that are integral to the claims in deciding motion to dismiss

  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 354,229 times   943 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 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,629 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,093 times   60 Legal Analyses
    Specifying prohibited activities

  15. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,140 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  16. Rule 7052 - Findings by the Court

    Fed. R. Bankr. P. 7052   Cited 14,172 times
    Adopting Fed.R.Civ.P. 52's requirement that "the court shall find the facts specially"

  17. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,557 times   104 Legal Analyses
    Relating to mail fraud

  18. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,305 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  19. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,937 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  20. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,992 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"