16 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,766 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,508 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Lowrey v. Texas a M University System
117 F.3d 242 (5th Cir. 1997) Cited 1,337 times
Holding that “title IX affords a private right of action for retaliation against the employees of federally funded educational institutions.”
Oppenheimer v. Prudential Securities Inc.
94 F.3d 189 (5th Cir. 1996) Cited 286 times
Holding indemnity clause in asset purchase agreement supported purchaser's argument that it did not agree to assume seller's liabilities
Degolyer v. Green Tree Servicing
291 Ga. App. 444 (Ga. Ct. App. 2008) Cited 90 times
Holding that only the debtor may sue for wrongful foreclosure when a grantee forecloses not in good faith
Roylston v. Bank of America, N.A.
290 Ga. App. 556 (Ga. Ct. App. 2008) Cited 48 times
Holding that “[w]here a foreclosing creditor fails to comply with the statutory duty to provide notice of sale to the debtor in accordance with O.C.G.A. § 44–14–162 et seq., the debtor may either seek to set aside the foreclosure or sue for damages for the tort of wrongful foreclosure”
Grisham v. U.S.
103 F.3d 24 (5th Cir. 1997) Cited 59 times
Holding that a federal employee's First Amendment and FTCA claims were precluded by the CSRA
Stubbs v. Bank of America
844 F. Supp. 2d 1267 (N.D. Ga. 2012) Cited 18 times 2 Legal Analyses
Finding that the loan servicer "evaded the most substantive requirements of Georgia's foreclosure statute in that [] it was not the secured creditor entitled to foreclose despite providing a notice letter affirmatively representing it was the creditor . . . ."
Sears Mtg. v. Leeds Bldg
219 Ga. App. 349 (Ga. Ct. App. 1995) Cited 13 times
In Sears Mortg. Corp. v. Leeds Bldg. Products, Inc., 219 Ga.App. 349, 350, 464 S.E.2d 907, 908 — 909 (Ga.App. 1995), rev'd sub nom.
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 345,982 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
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,398 times 35 Legal Analyses
Providing a non-exhaustive list of conduct that is unfair or unconscionable
Section 44-14-162.2 - Mailing or delivery of notice to debtor; procedure
Ga. Code § 44-14-162.2 Cited 189 times 9 Legal Analyses
Setting forth statutory requirements for sales made on foreclosure under power of sale
Section 23-2-114 - Powers of sale to be construed strictly; manner of sale; who may exercise
Ga. Code § 23-2-114 Cited 134 times
Powers of sale in deeds of trust, mortgages, and other instruments shall be strictly construed and shall be fairly exercised. In the absence of stipulations to the contrary in the instrument, the time, place, and manner of sale shall be that pointed out for public sales. Unless the instrument creating the power specifically provides to the contrary, a personal representative, heir, heirs, legatee, devisee, or successor of the grantee in a mortgage, deed of trust, deed to secure debt, bill of sale
Section 14-5-7 - Execution of instruments conveying interest in real property or releasing security agreement
Ga. Code § 14-5-7 Cited 18 times
In OCGA § 14-5-7 (a), the legislature imposed a limitation on the specific types of corporate officers who could execute instruments for real estate conveyances other than those releasing security agreements.

Moore v. McCalla Raymer, LLC. et al

16 Cited authorities

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' "

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that “title IX affords a private right of action for retaliation against the employees of federally funded educational institutions.”

Holding indemnity clause in asset purchase agreement supported purchaser's argument that it did not agree to assume seller's liabilities

Holding that only the debtor may sue for wrongful foreclosure when a grantee forecloses not in good faith

Holding that “[w]here a foreclosing creditor fails to comply with the statutory duty to provide notice of sale to the debtor in accordance with O.C.G.A. § 44–14–162 et seq., the debtor may either seek to set aside the foreclosure or sue for damages for the tort of wrongful foreclosure”

Holding that a federal employee's First Amendment and FTCA claims were precluded by the CSRA

Finding that the loan servicer "evaded the most substantive requirements of Georgia's foreclosure statute in that [] it was not the secured creditor entitled to foreclose despite providing a notice letter affirmatively representing it was the creditor . . . ."

In Sears Mortg. Corp. v. Leeds Bldg. Products, Inc., 219 Ga.App. 349, 350, 464 S.E.2d 907, 908 — 909 (Ga.App. 1995), rev'd sub nom.

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Providing a non-exhaustive list of conduct that is unfair or unconscionable

Setting forth statutory requirements for sales made on foreclosure under power of sale

In OCGA § 14-5-7 (a), the legislature imposed a limitation on the specific types of corporate officers who could execute instruments for real estate conveyances other than those releasing security agreements.