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Rodrigues v. Wells Fargo Bank, N.A. et al

REPLY BRIEF to Opposition to Motion

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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

  3. Irwin v. Dep't of Veterans Affairs

    498 U.S. 89 (1990)   Cited 4,617 times   8 Legal Analyses
    Holding that a statutory time limit with the same characteristics is subject to equitable tolling

  4. Hedges v. U.S.

    404 F.3d 744 (3d Cir. 2005)   Cited 3,005 times
    Holding the SIAA's two-year statute of limitations, previously codified at 46 U.S.C. § 745, was not jurisdictional and therefore subject to equitable tolling

  5. Jesinoski v. Countrywide Home Loans, Inc.

    574 U.S. 259 (2015)   Cited 270 times   6 Legal Analyses
    Holding that a borrower must serve notice of rescission, but need not file suit, within § 1635(f)'s three-year period

  6. Santos v. U.S.

    559 F.3d 189 (3d Cir. 2009)   Cited 870 times
    Holding plaintiff entitled to equitable tolling when she "diligently and vigorously pursued her claim" and, yet, she was unable to ascertain hospital's federal status

  7. Pollice v. National Tax Funding, L.P.

    225 F.3d 379 (3d Cir. 2000)   Cited 535 times
    Holding that a tax lien transfer agreement was not a credit transaction under TILA because "the nature of the underlying claim" as a property tax had not "been extinguished"

  8. Cetel v. Kirwan Financial Group, Inc.

    460 F.3d 494 (3d Cir. 2006)   Cited 274 times
    Holding plaintiffs gained "actual knowledge" when they learned they faced financial penalties in "direct contradiction" to what they had been told by fiduciary

  9. Diessner v. Mortgage Electronic Registration Systems

    618 F. Supp. 2d 1184 (D. Ariz. 2009)   Cited 218 times
    Holding that defendants had no obligation to prove they are the "owner of the Note and Deed of Trust."

  10. Federal Trade Comm. v. Check Investors, Inc.

    502 F.3d 159 (3d Cir. 2007)   Cited 187 times   6 Legal Analyses
    Holding that an entity engaged in collection activity on a defaulted debt acquired from another is a "debt collector" under the FDCPA even though it "may actually be owed the debt"

  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 357,835 times   950 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 162,084 times   197 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 15,203 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,953 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities

  15. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,309 times   83 Legal Analyses
    Defining debt collector

  16. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,336 times   27 Legal Analyses
    Granting consumers the right to rescind