8 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Salahuddin v. Cuomo
861 F.2d 40 (2d Cir. 1988) Cited 3,236 times
Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."
Operating Local 649 Annuity Trust Fund v. Smith Barney Fund Management LLC
595 F.3d 86 (2d Cir. 2010) Cited 398 times 2 Legal Analyses
Holding that a complaint must set forth "a plausible set of facts sufficient 'to raise a right to relief above the speculative level.'"
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 351,086 times 937 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 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,330 times 1237 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,095 times 141 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,146 times 66 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices

Rosario v. The Receivable Management Services Corporation et al

8 Cited authorities

Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."

Holding that a complaint must set forth "a plausible set of facts sufficient 'to raise a right to relief above the speculative level.'"

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. . . ."

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

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

Holding debt collectors civilly liable for illicit debt collection practices