59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,376 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 277,581 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. DiFolco v. MSNBC Cable L.L.C.

    622 F.3d 104 (2d Cir. 2010)   Cited 2,497 times
    Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
  4. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,617 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
  5. Barnett Bank of Marion County, N.A. v. Nelson

    517 U.S. 25 (1996)   Cited 492 times   27 Legal Analyses
    Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes
  6. Mangiafico v. Blumenthal

    471 F.3d 391 (2d Cir. 2006)   Cited 1,009 times
    Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal
  7. Watters v. Wachovia Bank, N.A.

    550 U.S. 1 (2007)   Cited 258 times   6 Legal Analyses
    Holding that a national bank's mortgage lending activities, “whether conducted by the bank itself or through the bank's operating subsidiary, ” is governed by federal law and regulations rather than “the licensing, reporting, and visitorial regimes of the several States in which the subsidiary operates.”
  8. Nationsbank of N.C. v. Variable Annuity Life Ins. Co.

    513 U.S. 251 (1995)   Cited 291 times   2 Legal Analyses
    Holding that allowing customers to invest in annuities is an "incidental power" of banking
  9. Palmer v. Champion Mortg

    465 F.3d 24 (1st Cir. 2006)   Cited 569 times
    Holding that three-business-day language rendered notice "crystal clear" where plaintiff received notice after the expiration date noted within notice had passed
  10. In re Community Bank of Northern Virginia

    418 F.3d 277 (3d Cir. 2005)   Cited 509 times   3 Legal Analyses
    Holding complete preemption exists with respect to Section 27, and state law usury claims against state-chartered bank were appropriately removed to federal court
  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 358,800 times   954 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 162,588 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 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,903 times   55 Legal Analyses
    Explaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
  14. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,493 times   25 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"
  15. Section 1635 - Right of rescission as to certain transactions

    15 U.S.C. § 1635   Cited 3,340 times   27 Legal Analyses
    Granting consumers the right to rescind
  16. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,900 times   22 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act
  17. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,271 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"
  18. Section 42-110a - Definitions

    Conn. Gen. Stat. § 42-110a   Cited 983 times   7 Legal Analyses

    As used in this chapter: (1) "Commissioner" means the Commissioner of Consumer Protection; (2) "Documentary material" means the original or a copy of a book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate; (3) "Person" means a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, and any other legal entity; (4)

  19. Section 24 - Corporate powers of associations

    12 U.S.C. § 24   Cited 666 times   44 Legal Analyses
    Authorizing banks "[t]o exercise . . . all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt . . . and by obtaining, issuing, and circulating notes"
  20. Section 2609 - Limitation on requirement of advance deposits in escrow accounts

    12 U.S.C. § 2609   Cited 197 times   4 Legal Analyses
    Limiting amount of advance deposit in escrow account that lender may require in connection with federally related mortgage loan
  21. Section 226.23 - Right of rescission

    12 C.F.R. § 226.23   Cited 1,221 times   3 Legal Analyses
    Granting extended right to cancel to "consumers" in the event of nondisclosures
  22. Section 34.4 - Applicability of state law

    12 C.F.R. § 34.4   Cited 130 times   3 Legal Analyses
    Identifying preempted state controls on mortgage lending, including licensing and registration
  23. Section 1026.2 - [Effective until 10/1/2025] Definitions and rules of construction

    12 C.F.R. § 1026.2   Cited 71 times   42 Legal Analyses
    Defining "consummation"
  24. Section 1026.23 - Right of rescission

    12 C.F.R. § 1026.23   Cited 67 times   2 Legal Analyses
    Describing that amounts within one-half of one percent of the accurate amount shall be considered accurate
  25. Section 1024.8 - Use of HUD-1 or HUD-1A settlement statements

    12 C.F.R. § 1024.8   Cited 8 times

    (a)Use by settlement agent. The settlement agent shall use the HUD-1 settlement statement in every settlement involving a federally related mortgage loan in which there is a borrower and a seller. For transactions in which there is a borrower and no seller, such as refinancing loans or subordinate lien loans, the HUD-1 may be utilized by using the borrower's side of the HUD-1 statement. Alternatively, the form HUD-1A may be used for these transactions. The HUD-1 or HUD-1A may be modified as permitted