§Why CasetextPricing

Shupe v. Capital One Bank USA NA

MOTION to Dismiss Counts/Claims : Count III Defendant Capital One Bank

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 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 265,336 times   364 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. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,008 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,932 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  5. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,517 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  6. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,043 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  7. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,292 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  8. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,852 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  9. Campanelli v. Bockrath

    100 F.3d 1476 (9th Cir. 1996)   Cited 356 times
    Holding that statements to press one week after discharge met standard

  10. Allarcom Pay Television v. General Instrument

    69 F.3d 381 (9th Cir. 1995)   Cited 319 times
    Holding the Copyright Act inapplicable where satellite television signals were broadcast from the U.S. into Canada because potential infringement was not complete until the signals were received in Canada

  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 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss