§Why CasetextPricing

Proctor v. Wells Fargo Bank, NA et al

MOTION to Dismiss for Failure to State a Claim

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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 266,313 times   365 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. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 3,904 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

  4. Edwards v. City of Goldsboro

    178 F.3d 231 (4th Cir. 1999)   Cited 6,549 times   2 Legal Analyses
    Holding that First Amendment rights of an off-duty officer communicating about concealed weapons were sufficiently established by precedent regarding off-duty officer's entertainment performances

  5. Philips v. Pitt Cty. Memorial Hosp

    572 F.3d 176 (4th Cir. 2009)   Cited 3,697 times   1 Legal Analyses
    Holding that courts “may properly take judicial notice of matters of public record”

  6. 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

  7. Ibarra v. U.S.

    120 F.3d 472 (4th Cir. 1997)   Cited 1,571 times
    Holding that "once the Government initiates forfeiture proceedings, the district court is divested of jurisdiction . . . remains without jurisdiction during the pendency of the proceeding unless the claimant timely files a claim"

  8. Revene v. Charles County Com'rs

    882 F.2d 870 (4th Cir. 1989)   Cited 1,506 times
    Holding "[t]he separate claim against the 'Office of Sheriff' [in Charles County, Maryland] was rightly dismissed on the basis that this 'office' is not a cognizable legal entity separate from the Sheriff in his official capacity and the county government of which this 'office' is simply an agency"

  9. United Black Firefighters of Norfolk v. Hirst

    604 F.2d 844 (4th Cir. 1979)   Cited 1,373 times
    Holding that the court need not accept unsupported or conclusory factual allegations devoid of any reference to actual events

  10. Plyler v. Moore

    129 F.3d 728 (4th Cir. 1997)   Cited 458 times   1 Legal Analyses
    Holding that the Rooker-Feldman bar extends not only to issues actually decided by a state court but also to those that are "inextricably intertwined with questions ruled upon by a state court"

  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 345,529 times   922 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 156,008 times   193 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 14,988 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,944 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  15. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,107 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  16. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,912 times   24 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  17. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,337 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605

  18. Section 2283 - Eligible projects

    22 U.S.C. § 2283   Cited 51 times   1 Legal Analyses

    (a) The Administrator of the Agency for International Development shall seek to ensure that debt-for-nature exchanges under this part support one or more of the following activities by either the host government, a local private conservation group, or a combination thereof: (1) restoration, protection, or sustainable use of the world's oceans and atmosphere; (2) restoration, protection, or sustainable use of diverse animal and plant species; (3) establishment, restoration, protection, and maintenance