33 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 times 369 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
Neitzke v. Williams
490 U.S. 319 (1989) Cited 58,105 times
Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,347 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Estelle v. Gamble
429 U.S. 97 (1976) Cited 56,885 times 8 Legal Analyses
Holding that the government has an obligation to provide medical care to incarcerated persons
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,694 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,319 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"
Miree v. DeKalb County
433 U.S. 25 (1977) Cited 727 times
Holding that, even when the United States was a party to the contracts at issue, "whether petitioners as third-party beneficiaries of the contracts have standing to sue" was a question of state law, not of federal common law
Kaiser Aluminum, Etc. v. Avondale Shipyards
677 F.2d 1045 (5th Cir. 1982) Cited 2,018 times 2 Legal Analyses
Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"
United States v. Alvarez-Sanchez
511 U.S. 350 (1994) Cited 264 times
Holding that when a term “is not defined in the statute, we must construe the term ‘in accordance with its ordinary or natural meaning.’ ”
Botosan v. Paul McNally Realty
216 F.3d 827 (9th Cir. 2000) Cited 311 times 3 Legal Analyses
Holding that under the Unruh Act, "proof of actual damages is not a prerequisite to recovery of statutory minimum damages"
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 361,353 times 960 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 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1681 - Congressional findings and statement of purpose
15 U.S.C. § 1681 Cited 6,556 times 198 Legal Analyses
Recognizing the need to protect "the consumer's right to privacy"
Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies
15 U.S.C. § 1681s-2 Cited 2,992 times 44 Legal Analyses
Granting enforcement power to state and federal regulators
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,404 times 42 Legal Analyses
In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

Saccato v. Zwicker & Associates, P.C. et al

33 Cited authorities

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

Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that the government has an obligation to provide medical care to incarcerated persons

Holding that executive branch officers had qualified immunity

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"

Holding that, even when the United States was a party to the contracts at issue, "whether petitioners as third-party beneficiaries of the contracts have standing to sue" was a question of state law, not of federal common law

Holding that, when a counterclaim showed that a contract was executed outside the limitations period, the "counterclaim on its face appears to reveal the existence of an affirmative defense to it, which would make the granting of a Rule 12(b) dismissal proper"

Holding that when a term “is not defined in the statute, we must construe the term ‘in accordance with its ordinary or natural meaning.’ ”

Holding that under the Unruh Act, "proof of actual damages is not a prerequisite to recovery of statutory minimum damages"

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. . . ."

Recognizing the need to protect "the consumer's right to privacy"

Granting enforcement power to state and federal regulators

In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.