20 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 262,883 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. Jackson v. Bellsouth Telecomms.

    372 F.3d 1250 (11th Cir. 2004)   Cited 1,758 times   1 Legal Analyses
    Holding that the same analysis applies to federal and Florida RICO claims
  3. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 746 times
    Holding conclusory allegations are insufficient to state a claim
  4. Financial Sec. v. Stephens, Inc.

    500 F.3d 1276 (11th Cir. 2007)   Cited 600 times
    Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"
  5. Haynes v. McCalla Raymer, LLC

    793 F.3d 1246 (11th Cir. 2015)   Cited 74 times   1 Legal Analyses
    Holding that a person who is not a party to or an intended third-party beneficiary of an assignment lacks standing to challenge a forged assignment
  6. Charles H. Wesley Education Foundation, Inc. v. Cox

    408 F.3d 1349 (11th Cir. 2005)   Cited 71 times
    Holding that an alleged violation of rights conferred by the NVRA is sufficient to show standing
  7. Tonea v. Bank of Am., N.A.

    6 F. Supp. 3d 1331 (N.D. Ga. 2014)   Cited 33 times
    Rejecting the plaintiff's argument that MERS did not have the authority to assign his mortgage because "MERS [was] the grantee under the security deed, to which Plaintiff expressly agreed"
  8. Porter v. Houghton

    273 Ga. 407 (Ga. 2001)   Cited 23 times

    S00A1892. DECIDED: FEBRUARY 5, 2001. Title to land. Lee Superior Court. Before Judge Smith. Adam R. Gaslowitz, Walter Hamberg III, Adam R. Gaslowitz Associates, Suite 2210 Marquis One Tower 245 Peachtree Center Avenue N.E., Atlanta Ga., 30303, Attorneys for Appellant. John V. Harper, Harper Barnes, P.C., P.O. Drawer 784 Americus Ga., 31709, Attorney for Appellee. FLETCHER, Presiding Justice. Herman Houghton brought a declaratory action against his late wife's siblings seeking to establish that the

  9. McDaniel v. Wells Fargo Bank, N.A.

    1:14-cv-2337-WSD (N.D. Ga. Mar. 16, 2016)   Cited 3 times
    Dismissing as abandoned the plaintiff's theft by receiving claim because she did "not oppose, or otherwise response to, Defendants' arguments" in support of dismissal of that claim
  10. Airport Auth. v. City of St. Marys

    678 S.E.2d 103 (Ga. Ct. App. 2009)   Cited 4 times

    No. A09A0786. DECIDED APRIL 29, 2009. Declaratory judgment. Camden Superior Court. Before Judge Scarlett. James E. Stein, for appellant. Amanda B. Blackledge, for appellees. MIKELL, Judge. After an evidentiary hearing, the trial court dismissed this declaratory judgment action filed by the Airport Authority of the City of St. Marys (the "Authority") against the City of St. Marys (the "City"), finding that the City had not violated any right delegated to the Authority by law or contract when it excluded

  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 341,548 times   915 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 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,192 times   82 Legal Analyses
    Defining debt collector
  13. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,707 times   23 Legal Analyses
    Describing "qualified written request"
  14. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,376 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable
  15. Section 1818 - Termination of status as insured depository institution

    12 U.S.C. § 1818   Cited 495 times   42 Legal Analyses
    Granting subpoena power to the Federal Deposit Insurance Corporation
  16. Section 9-4-1 - Purpose and construction of chapter

    Ga. Code § 9-4-1   Cited 133 times
    Stating the purpose of the Declaratory Judgment Act