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Lee v. Select Portfolio Servicing, Inc.

REPLY BRIEF re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Standing and Failure to State a Claim

11 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,830 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' "

  2. Chaparro v. Carnival Corp.

    693 F.3d 1333 (11th Cir. 2012)   Cited 1,162 times   2 Legal Analyses
    Holding the same when the plaintiffs were "trapped in bus during shooting near [the beach]" where their daughter was shot to death

  3. Miller v. Wolpoff Abramson, L.L.P.

    321 F.3d 292 (2d Cir. 2003)   Cited 998 times   2 Legal Analyses
    Holding that demand for attorneys' fees in collection action did not violate the FDCPA where credit card agreement provided for such fees

  4. McStay v. I.C. System, Inc.

    308 F.3d 188 (2d Cir. 2002)   Cited 115 times
    Holding that "when the letter here is read in its entirety, it . . . creates no reasonable confusion as to when the thirty-day time period commenced"

  5. Giles v. Wal-Mart Distr. Center

    359 F. App'x 91 (11th Cir. 2009)   Cited 83 times
    Holding district court did not abuse its discretion by dismissing pro se plaintiff's amended employment discrimination complaint that failed to cure pleading deficiencies of which the plaintiff was advised

  6. In re Martinez

    266 B.R. 523 (Bankr. S.D. Fla. 2001)   Cited 36 times   1 Legal Analyses
    Awarding maximum statutory damages to FDCPA plaintiff where defendant repeatedly violated the statute

  7. Housing Auth. of Savannah v. Greene

    259 Ga. 435 (Ga. 1989)   Cited 39 times
    Recognizing that "it is generally necessary to admit expert testimony . . . in order to establish the degree of skill and care ordinarily employed by the profession"

  8. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,729 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  9. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,409 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  10. Section 1-3-1 - Construction of statutes generally

    Ga. Code § 1-3-1   Cited 278 times
    Defaulting in statutory interpretation to ordinary meaning, except for "words of art or words connected with a particular trade or subject matter"

  11. Section 9-2-1 - Definitions

    Ga. Code § 9-2-1   Cited 15 times

    As used in this title, the term: (1) "Action" means the judicial means of enforcing a right. (2) "Civil action" means an action founded on private rights, arising either from contract or tort. (3) "Penal action" means an action allowed in pursuance of public justice under particular laws. OCGA § 9-2-1