§Why CasetextPricing

Schrock v. Wenner Media LLC et al

MEMORANDUM

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 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

  3. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,445 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. Satterfield v. Simon Schuster

    569 F.3d 946 (9th Cir. 2009)   Cited 428 times   25 Legal Analyses
    Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable

  5. Kramer v. Autobytel, Inc.

    759 F. Supp. 2d 1165 (N.D. Cal. 2010)   Cited 67 times
    Holding plaintiff sufficiently alleged defendant used an ATDS to send text messages to plaintiff, where plaintiff, in addition to citing statutory definition of ATDS, alleged messages were "from SMS short code 77893, a code registered to [defendant]," and were "advertisements written in an impersonal manner"

  6. Lozano v. Twentieth Century Fox Film Corp.

    702 F. Supp. 2d 999 (N.D. Ill. 2010)   Cited 42 times
    Holding that the plaintiff sufficiently stated a claim for violation of the TCPA by alleging that the defendant used an ATDS

  7. Stonecrafters v. Foxfire Printing Packaging

    633 F. Supp. 2d 610 (N.D. Ill. 2009)   Cited 39 times
    Finding that unsolicited fax advertisements are neither immoral, unethical, oppresive, nor unscrupulous

  8. Abbas v. Selling Source, LLC

    Case No. 09 CV 3413 (N.D. Ill. Dec. 14, 2009)   Cited 35 times   1 Legal Analyses
    Holding that plaintiff's complaint allowed the court to "reasonably infer" that defendant used an ATDS by alleging that defendant sent impersonal advertising messages "without any personalization" from a SMS short code

  9. Bridge v. Ocwen Federal Bank

    669 F. Supp. 2d 853 (N.D. Ohio 2009)   Cited 17 times
    Granting motion to dismiss § 1681 s-2(b) claim because plaintiff had "not alleged compliance with the statutory notice requirements"

  10. Sengenberger v. Credit Control Services, Inc.

    No. 09 C 2796 (N.D. Ill. May. 5, 2010)   Cited 10 times

    No. 09 C 2796. May 5, 2010 MEMORANDUM OPINION AND ORDER JAMES ZAGEL, District Judge Plaintiff filed his forty-count complaint alleging violations of the Fair Debt Collection Practices Act and the Telephone Consumer Protection Act. The parties reached a settlement on counts one through seventeen, and those counts were dismissed on July 23, 2009. Counts eighteen through forty are made pursuant to the Telephone Consumer Protection Act ("TCPA"). Counts eighteen through twenty-six allege that Defendant

  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 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

  12. 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. . . ."

  13. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,811 times   744 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals