§Why CasetextPricing

Slorp v. Lerner, Sampson & Rothfuss et al

RESPONSE in Opposition re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 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 280,127 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,323 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,340 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. HDC, LLC v. City of Ann Arbor

    675 F.3d 608 (6th Cir. 2012)   Cited 383 times
    Holding that plaintiffs had failed to state FHA claim through conclusory allegations

  6. Schroyer v. Frankel

    197 F.3d 1170 (6th Cir. 1999)   Cited 149 times   1 Legal Analyses
    Holding that defendant did not "regularly" collect debts when only 7.4 percent of cases involved debt collection

  7. ABS v. FIFTH THIRD

    333 F. App'x 994 (6th Cir. 2009)   Cited 80 times
    Holding principal-agent relationship satisfies privity requirement for res judicata

  8. Foster v. D.B.S. Collection Agency

    463 F. Supp. 2d 783 (S.D. Ohio 2006)   Cited 84 times
    Holding debt collectors violated § 1692e by seeking attorney's fees not permitted by state law

  9. Ruth v. Unifund CCR Partners

    604 F.3d 908 (6th Cir. 2010)   Cited 71 times
    Holding that, while “the mere availability of open and readily accessible public records may not suffice by itself” to trigger inquiry notice, a plaintiff is on inquiry notice of any publicly available information once it “has a reason to investigate publicly available information”

  10. Turner v. Lerner, Sampson Rothfuss

    776 F. Supp. 2d 498 (N.D. Ohio 2011)   Cited 20 times
    Noting that "[i]n the Sixth Circuit, a false statement that is not deceptive under the objective 'least sophisticated consumer' test is not a violation of the FDCPA[]"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 2921.13 - Falsification - in theft offense - to purchase firearm

    Ohio Rev. Code § 2921.13   Cited 395 times
    Providing false information to obtain a loan is a misdemeanor of the first degree