§Why CasetextPricing

Kausar v. GC Services Limited Partnership

BRIEF In Support of its Motion to Dismiss

29 Cited authorities

  1. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,899 times   442 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,712 times   141 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,267 times   169 Legal Analyses
    Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"

  4. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,107 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  5. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,101 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  6. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,915 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  7. Simon v. E. Ky. Welfare Rights Org.

    426 U.S. 26 (1976)   Cited 3,247 times   6 Legal Analyses
    Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs

  8. Sierra Club v. Morton

    405 U.S. 727 (1972)   Cited 2,801 times   3 Legal Analyses
    Holding that plaintiff-organization did not establish Article III standing for injunctive relief where the organization failed to show that its members would be affected by the actions it sought to enjoin

  9. Federal Election Comm'n v. Akins

    524 U.S. 11 (1998)   Cited 796 times   16 Legal Analyses
    Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement

  10. Public Citizen v. Department of Justice

    491 U.S. 440 (1989)   Cited 799 times   16 Legal Analyses
    Holding that plaintiff advocacy organizations' inability to obtain information that Congress made subject to disclosure under the Federal Advisory Committee Act "constitutes a sufficiently distinct injury to provide standing to sue"

  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 355,868 times   945 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,174 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 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,006 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"

  14. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,175 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  15. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,754 times   740 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  16. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,764 times   24 Legal Analyses
    Describing "qualified written request"

  17. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,482 times   25 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

  18. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,481 times   70 Legal Analyses
    Setting forth requirements for disputing a debt

  19. Section 1681e - Compliance procedures

    15 U.S.C. § 1681e   Cited 1,428 times   66 Legal Analyses
    Requiring "[e]very consumer reporting agency" to "maintain reasonable procedures . . . to limit the furnishing of consumer reports" to permissible purposes

  20. Section 2607 - Prohibition against kickbacks and unearned fees

    12 U.S.C. § 2607   Cited 1,331 times   53 Legal Analyses
    Holding persons who violate § 2607 jointly and severally liable to persons charged with settlement services