§Why CasetextPricing

Lutzky et al v. Deutsche Bank National Trust Company et al

MOTION to Dismiss Plaintiffs' Complaint

51 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 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' "

  2. Morse v. Lower Merion School District

    132 F.3d 902 (3d Cir. 1997)   Cited 6,180 times   2 Legal Analyses
    Holding that because "the notion of deliberate indifference contemplates a danger that must at least be foreseeable," defendant cannot be said to have ignored a foreseeable risk or danger if plaintiff has not shown the existence of such a risk

  3. Beach v. Ocwen Fed. Bank

    523 U.S. 410 (1998)   Cited 993 times   9 Legal Analyses
    Holding "§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period"

  4. Car Carriers, Inc. v. Ford Motor Co.

    745 F.2d 1101 (7th Cir. 1984)   Cited 2,361 times
    Holding that a complaint may not be amended by briefs in opposition to a motion to dismiss

  5. City of Pittsburgh v. West Penn Power Comp

    147 F.3d 256 (3d Cir. 1998)   Cited 905 times
    Holding action that did not lessen competition in a "marketplace" was not antitrust injury

  6. Rodgers v. Fisher Body Division

    470 U.S. 1054 (1985)   Cited 320 times
    Holding that to prove a Rule of Reason violation under section 1 of the Sherman Act, a plaintiff must allege an anticompetitive effect

  7. Clark v. Arizona Intersc. Assn

    464 U.S. 818 (1983)   Cited 278 times
    Recognizing "considerable expertise of the Register" where determinations at issue "are routinely made by the Register and are unquestionably related to the substantive area of the agency's business"

  8. Shepherd v. Hunterdon Developmental Center

    174 N.J. 1 (N.J. 2002)   Cited 299 times
    Holding that an unwelcome transfer is a discrete act

  9. Schatz v. Rosenberg

    943 F.2d 485 (4th Cir. 1991)   Cited 374 times
    Holding "that unless a relationship of `trust and confidence' exists between a lawyer and a third party, the federal securities laws do not impose on a lawyer a duty to disclose information to a third party"

  10. Weinberger v. Kendrick

    698 F.2d 61 (2d Cir. 1982)   Cited 487 times   1 Legal Analyses
    Holding that a "clearer showing of a settlement's fairness, reasonableness and adequacy" is required for a settlement reached "prior to class certification," though "we have long recognized that a district court's disposition of a proposed class action settlement should be accorded considerable deference"

  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 345,805 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. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,442 times   23 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"

  13. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,303 times   27 Legal Analyses
    Granting consumers the right to rescind

  14. Section 10:5-1 - Short title

    N.J. Stat. § 10:5-1   Cited 2,518 times   45 Legal Analyses

    This act shall be known as "Law Against Discrimination." N.J.S. § 10:5-1 L.1945, c.169, p.589, s.1, eff. 4/16/1945.

  15. Section 2607 - Prohibition against kickbacks and unearned fees

    12 U.S.C. § 2607   Cited 1,320 times   53 Legal Analyses
    Holding persons who violate § 2607 jointly and severally liable to persons charged with settlement services

  16. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,261 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"

  17. Section 10:5-12 - Unlawful employment practices, discrimination

    N.J. Stat. § 10:5-12   Cited 1,258 times   25 Legal Analyses
    Prohibiting discrimination because of "sexual orientation, ... sex," etc.

  18. Section 2A:14-1 - 6 years

    N.J. Stat. § 2A:14-1   Cited 941 times   12 Legal Analyses
    Providing that the statute of limitations for unjust enrichment claims in New Jersey is six years

  19. Section 2C:41-1 - Definitions

    N.J. Stat. § 2C:41-1   Cited 286 times
    Designating "fraud in the offering, sale or purchase of securities" as "racketeering activity"

  20. Section 2617 - Authority of Bureau

    12 U.S.C. § 2617   Cited 103 times   1 Legal Analyses

    (a) Issuance of regulations; exemptions The Bureau is authorized to prescribe such rules and regulations, to make such interpretations, and to grant such reasonable exemptions for classes of transactions, as may be necessary to achieve the purposes of this chapter. (b) Liability for acts done in good faith in conformity with rule, regulation, or interpretation No provision of this chapter or the laws of any State imposing any liability shall apply to any act done or omitted in good faith in conformity