§Why CasetextPricing

MESSER v. FIRST FINANCIAL FCU OF MARYLAND et al

REPLY to Response to Motion re MOTION to Dismiss Plaintiffs' First Amended Complaint and Plaintiffs' Cross-Motion

10 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 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. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,072 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  3. Hoy v. Angelone

    554 Pa. 134 (Pa. 1998)   Cited 647 times
    Holding that punitive damages are not available under the PHRA

  4. Darr Construction Co. v. Workmen's Comp. Appeal Bd.

    552 Pa. 400 (Pa. 1998)   Cited 57 times   1 Legal Analyses
    Reversing Commonwealth Court's application of employer's right of subrogation, which arose from injured husbands' employment, on wives' rights of recovery

  5. Univ. Guar. Life v. Coughlin

    481 F.3d 458 (7th Cir. 2007)   Cited 39 times
    Holding where a court actually decided the issue in question, law of the case applies

  6. In re Conte

    206 F.3d 536 (5th Cir. 2000)   Cited 12 times
    Applying Texas law and concluding that the text of a dragnet clause is unambiguous

  7. In re Shemwell

    378 B.R. 166 (Bankr. W.D. Ky. 2007)   Cited 3 times

    CASE NO. 07-10004(1)(13). November 15, 2007. David E. Arvin, Hopkinsville, KY, for Debtor. MEMORANDUM-OPINION JOAN A. LLOYD, Bankruptcy Judge. This matter is before the Court on the Objection to Claim of Commonwealth Credit Union ("Credit Union") by the Debtor Kimberly Denise Shemwell ("Debtor"). The Court considered the submissions of the parties and the comments of counsel at the hearing held on the matter. For the following reasons, the Court OVERRULES the Debtor's objection. FACTS On February

  8. In re Yelverton

    298 F. App'x 941 (11th Cir. 2008)   Cited 2 times

    No. 08-12091 Non-Argument Calendar. November 3, 2008. Eijah J. Yelverton, Elba AL, pro se. Gladys H. Yelverton, Elba AL, pro se. Appeal from the United States District Court for the Middle District of Alabama. D.C. Docket No. 07-00329-CV-1-MEF, BKCY No. 06-010664-DHW. Before HULL, MARCUS and WILSON, Circuit Judges. PER CURIAM: In this bankruptcy case, Army Aviation Center Federal Credit Union ("Army Aviation") claimed it had a secured interest in a 2000 Isuzu Rodeo ("the Rodeo") pledged by Gladys

  9. In re Nagata

    Case No. 05-02322, Adv. Pro. No. 06-90039, Re: Docket No. 10 (Bankr. D. Haw. Jul. 20, 2006)   Cited 3 times

    Case No. 05-02322, Adv. Pro. No. 06-90039, Re: Docket No. 10. July 20, 2006 MEMORANDUM DECISION REGARDING ENFORCEABILITY OF DRAGNET CLAUSE ROBERT FARIS, Bankruptcy Judge This case presents the questions of whether a "dragnet clause" in a security agreement is effective under Hawaii law, and whether the lender waived the benefit of that clause in the course of the bankruptcy case. I answer both questions in favor of the lender. On May 9, 2001, the debtors obtained a Visa credit card from HFS Federal

  10. 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 345,529 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