§Why CasetextPricing

Red Star Mortgage Corporation v. Branch et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,433 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. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,194 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

  3. Jordan v. Fox, Rothschild, O'Brien Frankel

    20 F.3d 1250 (3d Cir. 1994)   Cited 2,078 times
    Holding that an attorney may be a state actor if the attorney employs the state to enforce or execute a state-provided procedure

  4. Gelman v. St. Farm Mut. Auto. Ins. Co.

    583 F.3d 187 (3d Cir. 2009)   Cited 445 times
    Exercising plenary or de novo review of an order granting a motion to dismiss for failure to state a claim

  5. Lackner v. Glosser

    2006 Pa. Super. 14 (Pa. Super. Ct. 2006)   Cited 409 times
    Holding that arguments which are not appropriately developed are waived

  6. Montrose Medical Group v. Bulgar

    243 F.3d 773 (3d Cir. 2001)   Cited 344 times
    Holding that judicial estoppel is not appropriate where "the initial claim was never accepted or adopted by a court or agency"

  7. Allegheny General Hospital v. Philip Morris

    228 F.3d 429 (3d Cir. 2000)   Cited 264 times
    Holding that parties must have a "reasonable expectation of payment" to state a viable claim for unjust enrichment

  8. Mitchell v. Moore

    1999 Pa. Super. 77 (Pa. Super. Ct. 1999)   Cited 216 times
    Holding that a party is unjustly enriched where, under the circumstances, it would be inequitable for the party to retain a benefit for which it has not provided value

  9. USX Corp. v. Barnhart

    395 F.3d 161 (3d Cir. 2004)   Cited 164 times
    Holding that a "court cannot provide a remedy, even if one is demanded, when plaintiff has failed to set out a claim for relief"

  10. Buczek v. First Nat. Bank

    366 Pa. Super. 551 (Pa. Super. Ct. 1987)   Cited 233 times
    Holding that, in order to recover for a claim of intentional infliction of emotional distress, "conduct must be so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious and utterly intolerable in a civilized society"

  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 347,669 times   925 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,039 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 55 - Default; Default Judgment

    Fed. R. Civ. P. 55   Cited 33,079 times   13 Legal Analyses
    Adopting similar language for acquiring default judgment against the United States

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,448 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  15. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,208 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  16. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,626 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  17. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,200 times   35 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  18. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,932 times   21 Legal Analyses
    Determining whether counterclaims are compulsory

  19. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,644 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy