§Why CasetextPricing

Shupe v. Capital One Bank USA NA

MOTION to Dismiss Counts/Claims : III, V, VI, VII, VIII Defendant Capital One Bank USA NA Partial Motion to Dismiss

45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 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 279,933 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 8,196 times   444 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,228 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  5. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,221 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  6. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,518 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'"

  7. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,812 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  8. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,290 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  9. Sierra Club v. Morton

    405 U.S. 727 (1972)   Cited 2,813 times   3 Legal Analyses
    Holding that plaintiff-organization did not establish Article III standing for injunctive relief where the organization failed to show that its members would be affected by the actions it sought to enjoin

  10. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,359 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  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 361,619 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 163,952 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 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,048 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

  14. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,335 times   83 Legal Analyses
    Defining debt collector

  15. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,477 times   39 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

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

    15 U.S.C. § 1681s-2   Cited 2,995 times   44 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 745 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"

  18. Section 1681t - Relation to State laws

    15 U.S.C. § 1681t   Cited 665 times   14 Legal Analyses
    Preempting state-law claims "relating to the responsibilities of persons who furnish information to consumer reporting agencies"

  19. Section 44-1522 - Unlawful practices; intended interpretation of provisions

    Ariz. Rev. Stat. § 44-1522   Cited 248 times   3 Legal Analyses
    Listing "false pretense, false promise, misrepresentation, or concealment, suppression, or omission of any material fact" as prohibited acts