35 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,848 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,237 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Beach v. Ocwen Fed. Bank
523 U.S. 410 (1998) Cited 1,016 times 9 Legal Analyses
Holding "§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period"
Beaudett v. City of Hampton
775 F.2d 1274 (4th Cir. 1985) Cited 7,237 times
Holding that appellate courts should not permit "fleeting references to preserve questions on appeal"
Harrison v. Westinghouse Savannah River Co.
176 F.3d 776 (4th Cir. 1999) Cited 2,037 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
A Soc'y Without a Name v. Commonwealth of Va.
655 F.3d 342 (4th Cir. 2011) Cited 1,247 times
Holding one-year limitations period set forth in Virginia Rights of Persons with Disabilities Act applies to Title II claims brought in Virginia
Mourning v. Family Publications Service, Inc.
411 U.S. 356 (1973) Cited 818 times 2 Legal Analyses
Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"
Koons Buick Pontiac GMC, Inc. v. Nigh
543 U.S. 50 (2004) Cited 261 times 2 Legal Analyses
Holding that the recovery cap of $2000 in 1640 also applies to cases governed by 1640
Taylor v. Nationsbank
365 Md. 166 (Md. 2001) Cited 464 times
Holding the party seeking relief from an alleged breach of contract bears the burden of showing that a valid contractual obligation existed and that the alleged breaching party actually breached the agreement
Slade v. Hampton Roads Regional Jail
407 F.3d 243 (4th Cir. 2005) Cited 366 times
Holding that former detainee's request for injunctive relief is moot, but his "request for monetary relief is not moot even though [he] has been released from Jail"
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 361,487 times 960 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 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,128 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,273 times 61 Legal Analyses
Specifying prohibited activities
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,261 times 143 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,225 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness
Fed. R. Evid. 803 Cited 13,019 times 85 Legal Analyses
Recognizing exception to rule against hearsay for records of regularly conducted activities
Section 1601 - Congressional findings and declaration of purpose
15 U.S.C. § 1601 Cited 7,935 times 55 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”
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,235 times 43 Legal Analyses
Granting civil remedies for RICO violation
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,340 times 53 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Proctor v. Wells Fargo Bank, NA et al

35 Cited authorities

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

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding "§ 1635(f) completely extinguishes the right of rescission at the end of the 3-year period"

Holding that appellate courts should not permit "fleeting references to preserve questions on appeal"

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

Holding one-year limitations period set forth in Virginia Rights of Persons with Disabilities Act applies to Title II claims brought in Virginia

Holding that under rational basis review, "[i]t is not a function of the courts to speculate as to whether the statute is unwise or whether the evils sought to be remedied could better have been regulated in some other manner"

Holding that the recovery cap of $2000 in 1640 also applies to cases governed by 1640

Holding the party seeking relief from an alleged breach of contract bears the burden of showing that a valid contractual obligation existed and that the alleged breaching party actually breached the agreement

Holding that former detainee's request for injunctive relief is moot, but his "request for monetary relief is not moot even though [he] has been released from Jail"

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. . . ."

Requiring that fraud be pleaded with particularity

Specifying prohibited activities

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

Defining what the terms “person” and “enterprise” include

Recognizing exception to rule against hearsay for records of regularly conducted activities

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”

Granting civil remedies for RICO violation

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication