30 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Haley v. City of Boston
657 F.3d 39 (1st Cir. 2011) Cited 898 times
Finding that a court could consider information incorporated by reference into the complaint when deciding a motion to dismiss
Peñalbert-Rosa v. Fortuño-Burset
631 F.3d 592 (1st Cir. 2011) Cited 373 times
Holding insufficient bald assertions that defendants, by virtue of their positions, “participated” in or “approve[d]” of adverse employment action
A.G. v. Elsevier, Inc.
732 F.3d 77 (1st Cir. 2013) Cited 326 times 1 Legal Analyses
Holding that “[w]hen allegations, though disguised as factual, are so threadbare that they omit any meaningful factual content, we will treat them as what they are: naked conclusions” that cannot help a party pass the plausibility test
Artuso v. Vertex Pharmaceuticals, Inc.
637 F.3d 1 (1st Cir. 2011) Cited 129 times
Holding that “plaintiff's implied covenant claims founder because his complaint contains only a threadbare allegation that ‘the defendant terminated [him] in bad faith ... unaccompanied by any factual allegations that might give rise to an inference of bad-faith conduct”
Thomas v. Rhode Island
542 F.3d 944 (1st Cir. 2008) Cited 127 times
Affirming a dismissal because “[t]he vague references in the complaint to acts of the defendants that ‘are illegal’ and ‘without lawful authority’ were insufficient to apprise defendants that the appellants were asserting a more particular claim that there was a lack of probable cause for the arrests”
Wilson v. HSBC Mortgage Services Inc.
744 F.3d 1 (1st Cir. 2014) Cited 108 times
Holding that the court may consider on a motion to dismiss “information found in the mortgage itself, public records, documents incorporated into the complaint by reference, and other matters susceptible to judicial notice”
Shine v. Moreau
119 A.3d 1 (R.I. 2015) Cited 35 times
Concluding that "our precedent indicates that a statute must explicitly include attorneys’ fees in order for a court to award attorneys’ fees pursuant to that statute"
Campagna v. Massachusetts Dept. of Envtl
334 F.3d 150 (1st Cir. 2003) Cited 47 times 1 Legal Analyses
Affirming dismissal of equal protection claim where persons alleged to have been treated differently were not similarly situated
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,203 times 141 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 34-27-3.2 - [Repealed]
R.I. Gen. Laws § 34-27-3.2 Cited 12 times 5 Legal Analyses
Stating that a certificate from the mediation coordinator certifying the mortgagee's good-faith effort to comply with the statute constitutes a rebuttable presumption that the notice requirements of subsection (d) have been met

Pemental V Nationstar Mortgage Llc et al

30 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Finding that a court could consider information incorporated by reference into the complaint when deciding a motion to dismiss

Holding insufficient bald assertions that defendants, by virtue of their positions, “participated” in or “approve[d]” of adverse employment action

Holding that “[w]hen allegations, though disguised as factual, are so threadbare that they omit any meaningful factual content, we will treat them as what they are: naked conclusions” that cannot help a party pass the plausibility test

Holding that “plaintiff's implied covenant claims founder because his complaint contains only a threadbare allegation that ‘the defendant terminated [him] in bad faith ... unaccompanied by any factual allegations that might give rise to an inference of bad-faith conduct”

Holding that the court may consider on a motion to dismiss “information found in the mortgage itself, public records, documents incorporated into the complaint by reference, and other matters susceptible to judicial notice”

Concluding that "our precedent indicates that a statute must explicitly include attorneys’ fees in order for a court to award attorneys’ fees pursuant to that statute"

Affirming dismissal of equal protection claim where persons alleged to have been treated differently were not similarly situated

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Stating that a certificate from the mediation coordinator certifying the mortgagee's good-faith effort to comply with the statute constitutes a rebuttable presumption that the notice requirements of subsection (d) have been met