95 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 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' "
  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,599 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"
  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,758 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,283 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  5. Davis v. Scherer

    468 U.S. 183 (1984)   Cited 3,688 times   1 Legal Analyses
    Holding that the only relevant inquiry is whether federal law rights are clearly established; it does not matter that the officer simultaneously violates state law rights that are clearly established
  6. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,025 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage
  7. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,248 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
  8. Affiliated Ute Citizens v. United States

    406 U.S. 128 (1972)   Cited 1,627 times   34 Legal Analyses
    Holding bank jointly and severally liable with its employees, without explanation
  9. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,285 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim
  10. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,659 times   3 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,911 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,833 times   315 Legal Analyses
    Prohibiting unlawful business practices
  13. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,805 times   52 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”
  14. 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
  15. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,303 times   27 Legal Analyses
    Granting consumers the right to rescind
  16. 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
  17. Section 1638 - Transactions other than under an open end credit plan

    15 U.S.C. § 1638   Cited 1,182 times   4 Legal Analyses
    Describing TILA’s disclosure requirements for consumer credit transactions
  18. Section 1461 - Short title

    12 U.S.C. § 1461   Cited 736 times   3 Legal Analyses
    Providing for the establishment of federally chartered savings and loan associations
  19. Section 1654 - Interpretation against party causing uncertainty

    Cal. Civ. Code § 1654   Cited 671 times   2 Legal Analyses
    Codifying the doctrine of contra proferentem
  20. Section 1642 - Several contracts taken together

    Cal. Civ. Code § 1642   Cited 434 times   3 Legal Analyses

    Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, are to be taken together. Ca. Civ. Code § 1642 Enacted 1872.

  21. Section 226.23 - Right of rescission

    12 C.F.R. § 226.23   Cited 1,216 times   3 Legal Analyses
    Granting extended right to cancel to "consumers" in the event of nondisclosures
  22. Section 226.17 - General disclosure requirements

    12 C.F.R. § 226.17   Cited 538 times   1 Legal Analyses
    Requiring that consumer receive a copy of TILA disclosures
  23. Section 226.18 - Content of disclosures

    12 C.F.R. § 226.18   Cited 531 times
    Listing the required disclosures for variable rate
  24. Section 226.15 - Right of rescission

    12 C.F.R. § 226.15   Cited 133 times
    Providing for the extended rescission period “[i]f the required notice and material disclosures are not delivered”
  25. Section 226.28 - Effect on State laws

    12 C.F.R. § 226.28   Cited 40 times
    Providing that, as a general matter, "state law requirements that are inconsistent with the requirements contained in chapter 1 (General Provisions), chapter 2 (Credit Transactions), or chapter 3 (Credit Advertising) of the act and the implementing provisions of this regulation are preempted to the extent of the inconsistency"; adding that " State law is inconsistent if it requires a creditor to make disclosures or take actions that contradict the requirements of the Federal law"