40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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 268,865 times   367 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. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,667 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,095 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
  5. O'Melveny & Myers v. Federal Deposit Insurance

    512 U.S. 79 (1994)   Cited 894 times   3 Legal Analyses
    Holding that federal statutory scheme detailing what claims could be made against the FDIC when it is acting as receiver necessarily excluded claims not mentioned in the statute
  6. Jesinoski v. Countrywide Home Loans, Inc.

    574 U.S. 259 (2015)   Cited 267 times   6 Legal Analyses
    Holding that a borrower must serve notice of rescission, but need not file suit, within § 1635(f)'s three-year period
  7. Mack v. S. Bay Beer Distribs., Inc.

    798 F.2d 1279 (9th Cir. 1986)   Cited 2,377 times
    Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency
  8. Vasquez v. Los Angeles

    487 F.3d 1246 (9th Cir. 2007)   Cited 948 times
    Holding that county's removal of the image of the cross from its official seal in order "to avoid a potential Establishment Clause violation [had a] valid secular purpose under Lemon"
  9. Palmer v. Champion Mortg

    465 F.3d 24 (1st Cir. 2006)   Cited 554 times
    Holding that three-business-day language rendered notice "crystal clear" where plaintiff received notice after the expiration date noted within notice had passed
  10. Meyer v. Ameriquest Mortg. Co.

    342 F.3d 899 (9th Cir. 2003)   Cited 352 times
    Holding that right to rescind ends with sale of property
  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 348,416 times   930 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,534 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  13. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,821 times   54 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
  14. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,923 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
  15. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,308 times   27 Legal Analyses
    Granting consumers the right to rescind
  16. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,941 times   54 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor
  17. Section 1811 - Federal Deposit Insurance Corporation

    12 U.S.C. § 1811   Cited 420 times   7 Legal Analyses
    Defining “the Corporation” as the FDIC
  18. Section 86.705 - Definitions for ORS 86.705 to 86.815

    ORS § 86.705   Cited 117 times

    As used in ORS 86.705 to 86.815: (1) "Affordable housing covenant" has the meaning given that term in ORS 456.270. (2) "Beneficiary" means a person named or otherwise designated in a trust deed as the person for whose benefit a trust deed is given, or the person's successor in interest, and who is not the trustee unless the beneficiary is qualified to be a trustee under ORS 86.713 (1)(b)(D). (3) "Eligible covenant holder" has the meaning given that term in ORS 456.270. (4) "Grantor" means the person

  19. Section 86.770 - [Renumbered]

    ORS § 86.770   Cited 65 times

    ORS 86.770 1959 c.625 §§12,13; 1965 c.457 §9; 1981 c.811 §1; 1983 c.719 §8; 1985 c.817 §7; 1989 c.190 §6; 1997 c. 786, § 1; 2007 c. 166, § 16; 2009 c. 883, § 2; 2010 c. 48, § 1; renumbered 86.797 in 2013

  20. Section 86.797 - Effect of sale; actions for deficiency; restrictions

    ORS § 86.797   Cited 37 times
    Providing that "[i]f, under [the provisions of the Oregon Trust Deed Act], a trustee sells property covered by a trust deed, the trustee's sale forecloses and terminates the interest in the property that belongs to a person to which notice of the sale was given"
  21. Section 226.23 - Right of rescission

    12 C.F.R. § 226.23   Cited 1,216 times   3 Legal Analyses
    Granting extended right to cancel to "consumers" in the event of nondisclosures