§Why CasetextPricing

Perdum v. Wells Fargo Home Mortgage et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and on Grounds of Res Judicata with Brief In Support

38 Cited authorities

  1. 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

  2. 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

  3. Montana v. United States

    440 U.S. 147 (1979)   Cited 3,632 times   3 Legal Analyses
    Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

  4. Horsley v. Feldt

    304 F.3d 1125 (11th Cir. 2002)   Cited 1,277 times
    Holding that the doctrine of "incorporation by reference" applies to motions under Rule 12(c) just as it applies to motions under Rule 12(b) because, if it were otherwise, "the conversion clause of [Rule 12(d) ] would be too easily circumvented and disputed documents attached to an answer would have to be taken as true at the pleadings stage"

  5. Oxford Asset Management, Ltd. v. Jaharis

    297 F.3d 1182 (11th Cir. 2002)   Cited 787 times
    Holding conclusory allegations are insufficient to state a claim

  6. Harris v. Ivax Corp.

    182 F.3d 799 (11th Cir. 1999)   Cited 425 times   1 Legal Analyses
    Holding that where all allegedly false statements were identified as forward-looking statements and accompanied by cautionary language, "the defendant's state of mind is irrelevant"

  7. Ragsdale v. Rubbermaid, Inc.

    193 F.3d 1235 (11th Cir. 1999)   Cited 384 times
    Holding that a qui tam plaintiff could have brought a claim in the previous action that he had instead severed in order to bring the second action, and thus the nuclei of operative facts were the same and the second case was precluded

  8. Cmty. State Bank v. Strong

    651 F.3d 1241 (11th Cir. 2011)   Cited 249 times   2 Legal Analyses
    Holding that under Vaden, “when the parties' controversy has already been ‘embodied’ in pending litigation ..., federal jurisdiction over the subsequent FAA petition must be assessed from the face of the preexisting complaint” and is limited to the controversy “as framed by the parties”

  9. You v. JP Morgan Chase Bank, N.A.

    293 Ga. 67 (Ga. 2013)   Cited 159 times   3 Legal Analyses
    Holding that security deed is not a negotiable instrument and is therefore not governed by Article 3

  10. Pleming v. Universal-Rundle Corp.

    142 F.3d 1354 (11th Cir. 1998)   Cited 237 times
    Holding that the "parties frame the scope of the litigation at the time the complaint is filed."

  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 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

  12. 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. . . ."

  13. 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"

  14. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,027 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

  15. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,309 times   83 Legal Analyses
    Defining debt collector

  16. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,186 times   66 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  17. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,281 times   91 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

  18. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,464 times   38 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  19. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,357 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  20. Section 2410 - Actions affecting property on which United States has lien

    28 U.S.C. § 2410   Cited 1,080 times   2 Legal Analyses
    Granting the government a redemption right in sales made to satisfy liens with priority over those of the government

  21. Section 1024.36 - Requests for information

    12 C.F.R. § 1024.36   Cited 230 times   14 Legal Analyses
    Providing the requirements for responding to a QWR that requests information