§Why CasetextPricing

Rovai v. Select Portfolio Servicing, Inc.

MOTION to Dismiss for Lack of Jurisdiction

19 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,830 times   364 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,366 times   437 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,760 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,698 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  5. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,585 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  6. Mcconnell v. F.E.C.

    540 U.S. 93 (2003)   Cited 603 times   7 Legal Analyses
    Holding BCRA survived exacting scrutiny, given the “important state interests” in “providing the electorate with information, deterring actual corruption and avoiding any appearance thereof, and gathering the data necessary to enforce more substantive electioneering restrictions”

  7. Bernhardt v. County of Los Angeles

    279 F.3d 862 (9th Cir. 2002)   Cited 405 times
    Holding that a plaintiff's claim for damages was not moot although the plaintiffs claim for prospective relief was

  8. Schmier v. United States Court of Appeals for the Ninth Circuit

    279 F.3d 817 (9th Cir. 2002)   Cited 294 times
    Holding amendment futile where "it was not factually possible for plaintiff to amend the complaint so as to satisfy [the underlying problem]"

  9. Barnum Timber Co. v. U.S. E.P.A

    633 F.3d 894 (9th Cir. 2011)   Cited 134 times   1 Legal Analyses
    Holding that a plaintiff "need not eliminate any other contributing causes to establish its standing"

  10. Romero v. Dep't Stores Nat'l Bank

    199 F. Supp. 3d 1256 (S.D. Cal. 2016)   Cited 38 times   12 Legal Analyses
    Holding that a debt collector placing a phone call using an automated telephone dialing system is "merely a procedural violation" of the Telephone Consumer Protection Act that does not by itself result in concrete harm

  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 344,948 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 6050H - Returns relating to mortgage interest received in trade or business from individuals

    26 U.S.C. § 6050H   Cited 20 times   1 Legal Analyses

    (a) Mortgage interest of $600 or more Any person- (1) who is engaged in a trade or business, and (2) who, in the course of such trade or business, receives from any individual interest aggregating $600 or more for any calendar year on any mortgage, shall make the return described in subsection (b) with respect to each individual from whom such interest was received at such time as the Secretary may by regulations prescribe. (b) Form and manner of returns A return is described in this subsection if