§Why CasetextPricing

Ries et al v. Car Gurus, Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,493 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"

  4. Santiago v. Warminster Township

    629 F.3d 121 (3d Cir. 2010)   Cited 4,324 times   1 Legal Analyses
    Holding that the Court should disregard "'naked assertions devoid of further factual enhancement' and 'threadbare recitals of the elements of a cause of action, supported by mere conclusory statements.'" (quoting Iqbal, 556 U.S. at 678)

  5. Frederico v. Home Depot

    507 F.3d 188 (3d Cir. 2007)   Cited 2,259 times   8 Legal Analyses
    Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

  6. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,123 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  7. Convalescent v. O'Neill

    217 N.J. 99 (N.J. 2014)   Cited 261 times   1 Legal Analyses
    Finding no violation of TCCWNA absent a violation of the CFA or any other law

  8. Kaymark ex rel. Current v. Bank of Am., N.A.

    783 F.3d 168 (3d Cir. 2015)   Cited 253 times   8 Legal Analyses
    Holding that such an entity is a debt collector for the purpose of all the Act’s requirements

  9. Bortz v. Noon

    556 Pa. 489 (Pa. 1999)   Cited 361 times
    Adopting Restatement (Second) Torts § 552

  10. Zeran v. America Online

    129 F.3d 327 (4th Cir. 1997)   Cited 336 times   20 Legal Analyses
    Holding CDA immunity applied even though “AOL unreasonably delayed in removing defamatory messages posted by an unidentified third party, refused to post retractions of those messages, and failed to screen for similar postings thereafter”

  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,055 times   168 Legal Analyses
    Preempting state law

  14. Section 32710 - Civil actions by private persons

    49 U.S.C. § 32710   Cited 163 times
    Creating liability for treble damages with a $1,500 minimum

  15. Section 32705 - Disclosure requirements on transfer of motor vehicles

    49 U.S.C. § 32705   Cited 150 times
    Mileage-reporting requirements; prohibition against giving false statement in making "the disclosure required by" regulations promulgated by Secretary of Transportation; authority of Secretary to exempt categories of vehicles

  16. Section 32703 - Preventing tampering

    49 U.S.C. § 32703   Cited 69 times
    Prohibiting tampering with odometers

  17. Section 32704 - Service, repair, and replacement

    49 U.S.C. § 32704   Cited 11 times
    Providing requirements for servicing or repairing odometers

  18. Section 7132 - Prohibited activities relating to odometers

    75 Pa. C.S. § 7132   Cited 1 times

    (a) Devices causing improper odometer reading.--No person shall advertise for sale, sell, use or install, or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage driven which is that mileage driven by the vehicle as registered by the odometer within the manufacturer's designed tolerance. (b) Change of odometer reading.--No person shall disconnect, reset or alter, or cause to be disconnected, reset or altered, the odometer of any motor vehicle

  19. Section 7134 - Odometer disclosure requirements

    75 Pa. C.S. § 7134

    (a) Odometer mileage statement.--Prior to or simultaneously with the execution of any ownership transfer document relating to a motor vehicle, each transferor of a motor vehicle shall furnish to the transferee a statement signed by the transferor containing the following information: (1) The odometer reading at the time of transfer. (2) The date of transfer. (3) The transferor's name and current address. (4) The transferee's name and current address. (5) The identity of the vehicle, including its