§Why CasetextPricing

Peden v. Bww Law Group, Llc et al

MOTION to Dismiss for Failure to State a Claim

40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 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 265,662 times   364 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. Exxon Mobil Corp. v. Saudi Basic Industries Corp.

    544 U.S. 280 (2005)   Cited 7,983 times   5 Legal Analyses
    Holding that the Rooker-Feldman doctrine bars "cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments"

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,693 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  5. D.C. Court of Appeals v. Feldman

    460 U.S. 462 (1983)   Cited 10,522 times   4 Legal Analyses
    Holding plaintiffs’ claims that the state court acted arbitrarily and capriciously in denying plaintiffs’ petitions for waiver were inextricably intertwined with the state-court judgment denying their petitions

  6. Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

    456 U.S. 694 (1982)   Cited 3,862 times   4 Legal Analyses
    Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

  7. Philips v. Pitt Cty. Memorial Hosp

    572 F.3d 176 (4th Cir. 2009)   Cited 3,680 times   1 Legal Analyses
    Holding that courts “may properly take judicial notice of matters of public record”

  8. Eastern Shore Markets, Inc. v. J.D. Associates Ltd. Partnership

    213 F.3d 175 (4th Cir. 2000)   Cited 2,096 times
    Holding that review of order granting motion to dismiss under Rule 12(b) is de novo

  9. Harrison v. Westinghouse Savannah River Co.

    176 F.3d 776 (4th Cir. 1999)   Cited 1,987 times   10 Legal Analyses
    Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA

  10. Evans v. B.F. Perkins Company

    166 F.3d 642 (4th Cir. 1999)   Cited 1,672 times
    Holding that when a defendant challenges subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b), the court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment

  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 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,212 times   83 Legal Analyses
    Defining debt collector

  13. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,102 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices