§Why CasetextPricing

Rufus v. Seneca Mortgage Servicing, Llc et al

MOTION to Dismiss Amended Complaint, MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction

16 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. Wilson v. Kellogg Brown

    525 F.3d 370 (4th Cir. 2008)   Cited 945 times   4 Legal Analyses
    Holding that "[t]o satisfy first element of an FCA claim, the statement or conduct alleged must represent an objective falsehood" and "imprecise statements or differences in interpretation growing out of a disputed legal question are not false under the FCA"

  4. United States v. Wilson

    699 F.3d 789 (4th Cir. 2012)   Cited 475 times
    Holding that courts must decide subject matter jurisdiction before other issues

  5. Central West Virginia Energy v. Mountain State

    636 F.3d 101 (4th Cir. 2011)   Cited 457 times   1 Legal Analyses
    Holding that diversity jurisdiction "requires complete diversity among parties, meaning that the citizenship of every plaintiff must be different from the citizenship of every defendant"

  6. Adams v. NVR Homes, Inc.

    193 F.R.D. 243 (D. Md. 2000)   Cited 122 times
    Holding that plaintiff's general allegation that agent of one defendant "acted as a representative" for other named-defendants was insufficient because complaint "fails to indicate with particularity the factual predicate for the agency relationship"

  7. James G. Davis Constr. Corp. v. Erie Ins. Exch.

    953 F. Supp. 2d 607 (D. Md. 2013)   Cited 19 times
    Holding Erie's policyholders are members for diversity jurisdiction purposes

  8. Maheu v. Bank of America, N.A.

    Civil Action No.: ELH-12-508 (D. Md. May. 14, 2012)   Cited 20 times

    Civil Action No.: ELH-12-508 05-14-2012 BARTLEY A. MAHEU, et al., Plaintiffs, v. BANK OF AMERICA, N.A., et al., Defendants. Ellen Lipton Hollander MEMORANDUM OPINION Plaintiffs Bartley and Renee Maheu (the "Maheus"), who are self-represented, filed suit against defendants Bank of America, N.A. ("BANA") and the Federal National Mortgage Association ("Fannie Mae"). They have asserted a claim for mortgage fraud and seek declaratory and injunctive relief. See Complaint (ECF 2). Suit was filed in the

  9. Bhari Info. Tech. Sys. Private Ltd. v. Sriram

    984 F. Supp. 2d 498 (D. Md. 2013)   Cited 17 times
    Finding arbitration clause ambiguous where it stated, in full, "[a]ny arbitration shall be in accordance with ICC rules" but did not actually state whether the parties agreed to arbitrate claims in the first place

  10. View Point Medical Systems, LLC v. Athena Health, Inc.

    9 F. Supp. 3d 588 (D. Md. 2014)   Cited 15 times

    Civil Action No. ELH–13–1314. 2014-03-28 VIEW POINT MEDICAL SYSTEMS, LLC, Plaintiff, v. ATHENA HEALTH, INC., Defendant. Paul M. D. Amore, Wais & Vogelstein, LLC, Stephen L. Snyder, Snyder Slutkin and Snyder, Baltimore, MD, Plaintiff. Alex Jonathan Brown, Edward P. Parent, Silverman Thompson Slutkin and White LLC, Baltimore, MD, Ethan Z. Davis, Peter E. Ball, Sally and Fitch LLP, Boston, MA, for Defendant. ELLEN LIPTON HOLLANDER Motion granted in part and denied in part. Paul M. D. Amore, Wais & Vogelstein

  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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system