§Why CasetextPricing

Russick v. Wells Fargo, Inc.

BRIEF in Support re Motion to Dismiss for Failure to State a Claim

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 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' "

  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,508 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,825 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  5. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,087 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  6. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,175 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

  7. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,088 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  8. 16630 Southfield Ltd. v. Flagstar Bank

    727 F.3d 502 (6th Cir. 2013)   Cited 876 times   1 Legal Analyses
    Finding a series of “upon information and belief” claims insufficient, because the plaintiffs “have merely alleged their ‘belief’ ”

  9. Pryor v. Nat'l Collegiate Athletic Ass'n

    288 F.3d 548 (3d Cir. 2002)   Cited 1,295 times
    Holding that "[a]lthough a district court may not consider matters extraneous to the pleadings, a document integral to or explicitly relied upon in the complaint may be considered without converting the motion to dismiss in one for summary judgment"

  10. U.S. Express Lines Ltd. v. Higgins

    281 F.3d 383 (3d Cir. 2002)   Cited 1,237 times
    Holding that the applicability and construction of Supplemental Rule B presents a federal question for purposes of removal

  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 345,981 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,286 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,673 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  15. Section 3604 - Discrimination in the sale or rental of housing and other prohibited practices

    42 U.S.C. § 3604   Cited 4,073 times   64 Legal Analyses
    Requiring any "accommodation" in "rules, policies, practices, or services" to be "reasonable"

  16. Section 3601 - Declaration of policy

    42 U.S.C. § 3601   Cited 3,994 times   44 Legal Analyses
    Stating the FHA is intended to provide “fair housing throughout the United States”

  17. Section 1691 - Scope of prohibition

    15 U.S.C. § 1691   Cited 1,693 times   55 Legal Analyses
    Providing that it is unlawful "for any creditor to discriminate against any applicant, with respect to any aspect of a credit transaction . . . because all or part of the applicant's income derives from any public assistance program"

  18. Section 3602 - Definitions

    42 U.S.C. § 3602   Cited 1,164 times   8 Legal Analyses
    Defining "dwelling" as "any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof"

  19. Section 1691a - Definitions; rules of construction

    15 U.S.C. § 1691a   Cited 298 times   13 Legal Analyses
    Defining an “applicant” entitled to protection under the Act without reference to the truth of the information supporting her application for credit