Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 Legal AnalysesHolding 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' "
Robbins v. Oklahoma
519 F.3d 1242 (10th Cir. 2008) Cited 5,713 times 1 Legal AnalysesHolding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"
Tal v. Hogan
453 F.3d 1244 (10th Cir. 2006) Cited 1,381 times 1 Legal AnalysesHolding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"
GFF Corp. v. Associated Wholesale Grocers, Inc.
130 F.3d 1381 (10th Cir. 1997) Cited 1,548 timesHolding failure to address district court's alternative ground for granting summary judgment compelled affirmance
Mobley v. McCormick
40 F.3d 337 (10th Cir. 1994) Cited 1,058 timesHolding the Ehrenhaus factors apply to Rule 41(b) involuntary dismissals
Pace v. Swerdlow
519 F.3d 1067 (10th Cir. 2008) Cited 279 timesHolding that it was proper for the district court to consider, on a motion to dismiss under Fed. R. Civ. P. 12(b), exhibits attached to the Complaint, materials referenced in the Complaint, and all materials in the state court's file
Rhino Linings USA, Inc. v. Rocky Mountain Rhino Lining, Inc.
62 P.3d 142 (Colo. 2003) Cited 238 timesFinding that a developer's widespread advertisements of untrue facts had a significant public impact
Llewellyn v. Allstate Home Loans, Inc.
711 F.3d 1173 (10th Cir. 2013) Cited 144 times 1 Legal AnalysesFinding that § 1692e is violated where "the debt collector knows of the dispute and elects to report it to a [Credit Reporting Agency]"
Hall v. Walter
969 P.2d 224 (Colo. 1998) Cited 187 times 2 Legal AnalysesHolding that, when certain requirements are met, non-consumers have standing to maintain privatecause of action under Colorado Consumer Protection Act
Coors Brewing Co. v. Floyd
978 P.2d 663 (Colo. 1999) Cited 177 timesHolding that extreme and outrageous conduct is that which is "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community."
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 345,981 times 922 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 14,998 times 139 Legal AnalysesFinding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,112 times 65 Legal AnalysesHolding debt collectors civilly liable for illicit debt collection practices
Section 1681h - Conditions and form of disclosure to consumers
15 U.S.C. § 1681h Cited 728 times 3 Legal AnalysesProhibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"
Section 13-80-103 - General limitation of actions - one year
Colo. Rev. Stat. § 13-80-103 Cited 91 times 1 Legal AnalysesRequiring that "[a]ll actions for any penalty or forfeiture of any penal statutes" be commenced within one year after the action accrues
Section 13-80-103.5 - General limitation of actions - six years
Colo. Rev. Stat. § 13-80-103.5 Cited 76 times 2 Legal AnalysesApplying six-year statute of limitations to "[a]ll actions to recover a liquidated debt or an unliquidated, determinable amount of money due"