§Why CasetextPricing

McFadden v. U.S. Bank National Association et al

MOTION to Dismiss Plaintiff's Amended Complaint, or in the Alternative Motion for a More Definite Statement

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,433 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 268,213 times   366 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. Moon v. Newsome

    863 F.2d 835 (11th Cir. 1989)   Cited 3,430 times
    Holding that a pro se party must abide by “the relevant law and rules of court”

  4. Anderson v. District Board of Trustees of Central Florida Community College

    77 F.3d 364 (11th Cir. 1996)   Cited 902 times
    Holding that plaintiffs are required to "present each claim for relief in a separate count" rather than asserting numerous claims within a single count

  5. Loren v. Sasser

    309 F.3d 1296 (11th Cir. 2002)   Cited 516 times
    Holding the duty to provide transcript on appeal applies to pro se litigants

  6. Goforth v. Owens

    766 F.2d 1533 (11th Cir. 1985)   Cited 838 times
    Holding that dismissal is warranted upon a "clear record of delay or willful contempt and a finding that lesser sanctions would not suffice"

  7. Kaplan v. Assetcare, Inc.

    88 F. Supp. 2d 1355 (S.D. Fla. 2000)   Cited 157 times
    Holding that complaint was filed within statute of limitations where four of debt collection service's dunning letters to debtor fell within statutory period, although first letter was filed outside the limitations period

  8. Echevarria, v. Cole

    950 So. 2d 380 (Fla. 2007)   Cited 107 times
    Holding Florida law provides complete judicial immunity "to any act occurring during the course of a judicial proceeding ... so long as the act has some relation to the proceeding."

  9. Pescatrice v. Orovitz

    539 F. Supp. 2d 1375 (S.D. Fla. 2008)   Cited 30 times
    Holding that an alleged FDCPA violation regarding a proposed settlement agreement constituted a new action subject to the FDCPA

  10. Rodriguez v. Bac Home Loans Servicing LP

    853 F. Supp. 2d 1203 (M.D. Fla. 2012)   Cited 16 times
    Holding that " nonparty to the loan cannot bring an action for violations of TILA," such that a plaintiff who merely financed a second plaintiff's mortgage did not have standing to sue the creditor under the TILA, while the second plaintiff, as the actual consumer, did have standing

  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 347,669 times   925 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 157,162 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 109,076 times   197 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  14. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,626 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  15. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 6,936 times   109 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 6,232 times   83 Legal Analyses
    Defining debt collector

  17. Section 1692g - Validation of debts

    15 U.S.C. § 1692g   Cited 3,449 times   68 Legal Analyses
    Setting forth requirements for disputing a debt

  18. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,406 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  19. Section 559.55 - Definitions

    Fla. Stat. § 559.55   Cited 331 times   7 Legal Analyses
    Including "debtor" in the same definition