§Why CasetextPricing

Sandlin v. Citibank, N.A. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 times   366 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. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,783 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  4. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,161 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

  5. Scheid v. Fanny Farmer Candy Shops, Inc.

    859 F.2d 434 (6th Cir. 1988)   Cited 2,424 times
    Holding complaint must plead facts in support of material elements of claim

  6. In re Travel Agent Com'n. Antst. Litig

    583 F.3d 896 (6th Cir. 2009)   Cited 357 times
    Holding that plaintiffs' claims relying on "indeterminate assertions" that "defendants" or "defendants' executives" participated in the alleged conspiracy were insufficient under Twombly

  7. Montgomery v. Huntington Bank

    346 F.3d 693 (6th Cir. 2003)   Cited 373 times
    Holding the definition of debt collector “does not include the consumer's creditors”

  8. Boggio v. USAA Federal Savings Bank

    696 F.3d 611 (6th Cir. 2012)   Cited 184 times   2 Legal Analyses
    Holding that "consumers may step in to enforce their rights only after a furnisher has received proper notice of a dispute from a [credit reporting agency]"

  9. Stafford v. Cross Country Bank

    262 F. Supp. 2d 776 (W.D. Ky. 2003)   Cited 190 times
    Holding that even if willfulness was sufficiently pled so as to survive § 1681h(e) preemption, Plaintiff's claims may, nevertheless be preempted under § 1681t(b)(F) if they "involve a subject matter regulated under § 1681s-2, which § 1681t(b)(F) preempts"

  10. MacDermid v. Finl. Serv

    488 F.3d 721 (6th Cir. 2007)   Cited 100 times   1 Legal Analyses
    Holding that a "conclusory allegation that the application process is ‘inherently deceptive’ is not enough to survive 12(b) dismissal."

  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 348,148 times   927 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 157,408 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. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,037 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,345 times   191 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  15. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,241 times   83 Legal Analyses
    Defining debt collector

  16. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,890 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators

  17. Section 1681h - Conditions and form of disclosure to consumers

    15 U.S.C. § 1681h   Cited 733 times   3 Legal Analyses
    Prohibiting consumers from bringing "any action or proceeding in the nature of defamation, invasion of privacy, or negligence with respect to the reporting of information against any consumer reporting agency, any user of information, or any person who furnishes information to a consumer reporting agency . . . except as to false information furnished with malice or willful intent to injure such consumer"