§Why CasetextPricing

Klein v. Solomon & Solomon PC et al

Memorandum in Support re MOTION for Reconsideration re Order on Motion to Dismiss

51 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 times   365 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,766 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Neder v. United States

    527 U.S. 1 (1999)   Cited 4,952 times   31 Legal Analyses
    Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

  5. United States v. Ron Pair Enterprises, Inc.

    489 U.S. 235 (1989)   Cited 4,580 times   16 Legal Analyses
    Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"

  6. Jimenez v. Quarterman

    555 U.S. 113 (2009)   Cited 1,824 times   1 Legal Analyses
    Holding that because the state appellate court granted the petitioner's out of time appeal and reopened the direct review proceedings it reopened the limitations period under § 2244(d), which "carries out AEDPA's goal of promoting comity, finality, and federalism by giving state courts the first opportunity to review claim, and to correct any constitutional violation in the first instance" (alteration in original)

  7. Lamie v. U.S. Trustee

    540 U.S. 526 (2004)   Cited 2,142 times   13 Legal Analyses
    Holding that courts should not add an "absent word" to a statute

  8. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,701 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  9. Dodd v. United States

    545 U.S. 353 (2005)   Cited 1,375 times   1 Legal Analyses
    Holding that limitations periods under the Antiterrorism and Effective Death Penalty Act begin on the date the right is recognized, not on the date it is made retroactively applicable

  10. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,623 times   6 Legal Analyses
    Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"

  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 345,982 times   922 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 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,439 times   66 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,926 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,218 times   83 Legal Analyses
    Defining debt collector

  17. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,907 times   67 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"

  18. Section 1014 - Loan and credit applications generally; renewals and discounts; crop insurance

    18 U.S.C. § 1014   Cited 1,778 times   106 Legal Analyses
    Penalizing false statement to influence federal loan or credit agency

  19. Section 1692n - Relation to State laws

    15 U.S.C. § 1692n   Cited 136 times   1 Legal Analyses
    Stating that the FDCPA "does not annul, alter, or affect ... the laws of any State with respect to debt collection practices, except to the extent that those laws are inconsistent with any provision of [the FDCPA], and then only to the extent of the inconsistency"

  20. Section 1692l - Administrative enforcement

    15 U.S.C. § 1692l   Cited 72 times   10 Legal Analyses
    Setting forth administrative enforcement and rulemaking authority under the FDCPA