§Why CasetextPricing

Saccio et al v. Bank of America et al

MEMORANDUM in Support re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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

  3. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,174 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,992 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

  5. United States v. Whiting Pools, Inc.

    462 U.S. 198 (1983)   Cited 1,862 times   9 Legal Analyses
    Holding that the Internal Revenue Service could be required to turn over to bankrupt estate tangible property to which debtor retained ownership

  6. Tal v. Hogan

    453 F.3d 1244 (10th Cir. 2006)   Cited 1,430 times   1 Legal Analyses
    Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"

  7. Livid Holdings Ltd. v. Salomon Smith Barney

    403 F.3d 1050 (9th Cir. 2005)   Cited 703 times
    Finding that learning a company had substantially less cash than it had been led to believe material

  8. Christensen v. Park City Municipal Corp.

    554 F.3d 1271 (10th Cir. 2009)   Cited 182 times
    Holding if the relevant ordinances were unconstitutional, "whether on their face or as applied" to the plaintiff, the liability would fall on the city

  9. Marks v. Bank of America, N.A.

    No. 03:10-cv-08039-PHX-JAT (D. Ariz. Jun. 21, 2010)   Cited 99 times
    Holding that the HAMP Guidelines and EESA do not provide a private cause of action

  10. Brehany v. Nordstrom, Inc.

    812 P.2d 49 (Utah 1991)   Cited 143 times
    Finding privilege when management informed employees and buyers of former employees' termination for drug use

  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 357,835 times   950 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 162,084 times   197 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 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 541 - Property of the estate

    11 U.S.C. § 541   Cited 14,504 times   76 Legal Analyses
    Defining the bankruptcy estate to include "all legal or equitable interests of the debtor in property as of the commencement of the [bankruptcy] case"

  15. Section 554 - Abandonment of property of the estate

    11 U.S.C. § 554   Cited 2,666 times   7 Legal Analyses
    Providing that property that isn't administered and is not abandoned remains the property of the estate

  16. Section 57-1-19 - Trust deeds - Definitions of terms

    Utah Code § 57-1-19   Cited 27 times
    Defining "trustee" as "a person to whom title to real property is conveyed by trust deed"

  17. Section 57-1-35 - Trust deeds - Transfer of secured debts as transfer of security

    Utah Code § 57-1-35   Cited 22 times   1 Legal Analyses

    The transfer of any debt secured by a trust deed shall operate as a transfer of the security therefor. Utah Code § 57-1-35 Enacted by Chapter 181, 1961 General Session

  18. Section 57-1-22 - Successor trustees - Appointment by beneficiary - Effect - Substitution of trustee - Recording - Form

    Utah Code § 57-1-22   Cited 14 times

    (1) (a) The beneficiary may appoint a successor trustee at any time by filing an appointment of trustee or a substitution of trustee for record in the office of the county recorder of each county in which the trust property or a part of the trust property is located. (b) The trustee appointed under Subsection (1)(a) has the power, duties, authority, and title described in the deed of trust. (c) The beneficiary may, by express provision in the appointment of trustee or substitution of trustee, ratify