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Rudolph et al v. America's Wholesale Lender et al

MOTION to Dismiss and Incorporated Memorandum of Law

59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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. Marsh v. Butler County

    268 F.3d 1014 (11th Cir. 2001)   Cited 1,539 times
    Holding that a supervisory official "can have no respondeat superior liability for a section 1983 claim."

  3. United Tech. Corp. v. Mazer

    556 F.3d 1260 (11th Cir. 2009)   Cited 876 times
    Holding that " court without personal jurisdiction is powerless to take further action"

  4. Ziemba v. Cascade Intern., Inc.

    256 F.3d 1194 (11th Cir. 2001)   Cited 751 times   2 Legal Analyses
    Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"

  5. Nymark v. Heart Fed. Sav. & Loan Ass'n

    231 Cal.App.3d 1089 (Cal. Ct. App. 1991)   Cited 1,045 times   6 Legal Analyses
    Holding that, ordinarily, a financial institution acting within the scope of its conventional activities as a lender owes no duty of care to a borrower

  6. Palmer v. Braun

    287 F.3d 1325 (11th Cir. 2002)   Cited 266 times   1 Legal Analyses
    Holding that that meditation exercises described in a copyrighted manual were not themselves protectable because they described a process for achieving enhanced consciousness

  7. West Coast Roofing v. Johns Manville

    287 F. App'x 81 (11th Cir. 2008)   Cited 166 times
    Holding that "conclusory allegations" that defendant made allegedly false statements "knowing they were false" was sufficient to avoid dismissal

  8. Armstrong Business Svcs. v. Amsouth Bank

    817 So. 2d 665 (Ala. 2001)   Cited 195 times
    Holding that where there was no showing that the prospective borrower gave or did anything for the benefit of the prospective lender, there was no consideration for the loan commitment

  9. Young Apart. v. Town of Jupiter

    529 F.3d 1027 (11th Cir. 2008)   Cited 156 times
    Holding that a lost rent payment was a concrete injury for standing purposes

  10. American Road Serv. Co. v. Inmon

    394 So. 2d 361 (Ala. 1981)   Cited 338 times
    Holding that weight loss and insomnia did not constitute sufficient distress

  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 345,885 times   922 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 8-9-2 - Certain agreements void unless in writing

    Ala. Code § 8-9-2   Cited 218 times
    Requiring the same with respect to agreements "to lend money . . . except for consumer loans with a principal amount financed less than $25,000"

  14. Section 8-19-10 - Private right of action

    Ala. Code § 8-19-10   Cited 78 times   1 Legal Analyses
    Providing that "a reasonable attorney's fee" may be recovered in "any successful [DTPA] action"

  15. Section 8-19-7 - Exemptions

    Ala. Code § 8-19-7   Cited 6 times

    Nothing in this chapter shall apply to: (1) Acts done by the publisher, owner, agent or employee of a newspaper, periodical, radio, or television station or telephone company in the publication or dissemination of an advertisement, which the owner, agent, or employee did not have knowledge of the false, misleading or deceptive character of the advertisement; (2) Any seller of goods or services who meets all the following requirements: a. Has disseminated advertisement or promotional material from

  16. Rule 9 - Pleading special matters

    Ala. R. Civ. P. 9   Cited 96 times

    (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific