47 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 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
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,302 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Fidelity Federal Savings & Loan Ass'n v. De La Cuesta
458 U.S. 141 (1982) Cited 1,622 times 7 Legal Analyses
Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable
Mack v. S. Bay Beer Distribs., Inc.
798 F.2d 1279 (9th Cir. 1986) Cited 2,399 times
Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency
Western Min. Council v. Watt
643 F.2d 618 (9th Cir. 1981) Cited 2,957 times
Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"
Moore v. Kayport Package Exp., Inc.
885 F.2d 531 (9th Cir. 1989) Cited 1,897 times
Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"
Rice v. Santa Fe Elevator Corp.
331 U.S. 218 (1947) Cited 2,206 times 11 Legal Analyses
Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."
Cooper v. Pickett
122 F.3d 1186 (9th Cir. 1997) Cited 1,275 times
Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"
Livid Holdings Ltd. v. Salomon Smith Barney
403 F.3d 1050 (9th Cir. 2005) Cited 709 times
Finding that learning a company had substantially less cash than it had been led to believe material
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 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,889 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 2605 - Servicing of mortgage loans and administration of escrow accounts
12 U.S.C. § 2605 Cited 3,795 times 25 Legal Analyses
Describing "qualified written request"
Section 1681n - Civil liability for willful noncompliance
15 U.S.C. § 1681n Cited 2,410 times 43 Legal Analyses
Authorizing " any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) ... actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater"
Section 1602 - Definitions and rules of construction
15 U.S.C. § 1602 Cited 1,912 times 22 Legal Analyses
Granting Federal Reserve authority to issue rules to carry out the CARD Act
Section 5201 - Purposes
12 U.S.C. § 5201 Cited 448 times
The purposes of this chapter are- (1) to immediately provide authority and facilities that the Secretary of the Treasury can use to restore liquidity and stability to the financial system of the United States; and (2) to ensure that such authority and such facilities are used in a manner that- (A) protects home values, college funds, retirement accounts, and life savings; (B) preserves homeownership and promotes jobs and economic growth; (C) maximizes overall returns to the taxpayers of the United
Section 41.600 - Actions by victims of fraud
Nev. Rev. Stat. § 41.600 Cited 179 times 1 Legal Analyses
Defining “consumer fraud” to include “ deceptive trade practice as defined in NRS 598.0915 to 598.0925”
Section 598.0923 - "Deceptive trade practice" defined
Nev. Rev. Stat. § 598.0923 Cited 147 times
Making it a deceptive practice to "knowingly . . . [f]ail to disclose a material fact in connection with the sale or lease of goods or services"
Section 598D.040 - "Home loan" defined
Nev. Rev. Stat. § 598D.040 Cited 14 times
"Home loan" means a consumer credit transaction that is secured by a mortgage loan which involves real property located within this State and includes, without limitation, a consumer credit transaction that constitutes a mortgage under § 152 of the Home Ownership and Equity Protection Act of 1994, 15 U.S.C. § 1602(aa), and the regulations adopted by the Board of Governors of the Federal Reserve System pursuant thereto, including, without limitation, 12 C.F.R. § 226.32. NRS 598D.040 Added to NRS by
Section 226.32 - Requirements for certain closed-end home mortgages
12 C.F.R. § 226.32 Cited 172 times 5 Legal Analyses
Stating that the annual percentage rate may not exceed the yield on treasury securities by more than "8 percentage points for first-lien loans, or by more than 10 percentage points for subordinate lien loans."
Section 34.4 - Applicability of state law
12 C.F.R. § 34.4 Cited 131 times 3 Legal Analyses
Identifying preempted state controls on mortgage lending, including licensing and registration

Simon v. Bank Of America, N.A. et al

47 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable

Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency

Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

Holding that the clear statement rule may be satisfied where "the Act of Congress ... touch[es] a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject."

Finding that learning a company had substantially less cash than it had been led to believe material

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Requiring that fraud be pleaded with particularity

Describing "qualified written request"

Authorizing " any actual damages sustained by the consumer as a result of the failure or damages of not less than $100 and not more than $1,000; or (B) ... actual damages sustained by the consumer as a result of the failure or $1,000, whichever is greater"

Granting Federal Reserve authority to issue rules to carry out the CARD Act

Defining “consumer fraud” to include “ deceptive trade practice as defined in NRS 598.0915 to 598.0925”

Making it a deceptive practice to "knowingly . . . [f]ail to disclose a material fact in connection with the sale or lease of goods or services"

Stating that the annual percentage rate may not exceed the yield on treasury securities by more than "8 percentage points for first-lien loans, or by more than 10 percentage points for subordinate lien loans."

Identifying preempted state controls on mortgage lending, including licensing and registration