§Why CasetextPricing

Suquilanda v. Cohen & Slamowitz, LLP et al

REPLY MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss for Lack of Jurisdiction.. Document

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 times   365 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. Church of Scientology of California v. United States

    506 U.S. 9 (1992)   Cited 1,591 times   1 Legal Analyses
    Holding that an appeal concerning produced tape recordings was not moot because a court could "effectuate a partial remedy by ordering the [receiving party] to destroy" copies of the recordings

  4. Baxter v. Palmigiano

    425 U.S. 308 (1976)   Cited 2,604 times   8 Legal Analyses
    Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

  5. Nowak v. Ironworkers Local 6 Pension Fund

    81 F.3d 1182 (2d Cir. 1996)   Cited 1,151 times
    Holding that the court, "having presided over the case since April 6, 1994, and having dismissed Nowak's federal claim only nine days before it was set for trial, acted well within his discretion in exercising supplemental jurisdiction over Nowak's related state causes of action"

  6. Savino v. Computer Credit, Inc.

    164 F.3d 81 (2d Cir. 1998)   Cited 511 times
    Holding that the language at issue in that case was insufficient under the FDCPA, and proposing as an acceptable alternative the following notice: "Although we have requested that you make immediate payment or provide a valid reason for nonpayment, you still have the right to make a written request . . . for more information about the debt. Your rights are described on the reverse side of this notice."

  7. Indianapolis School Comm'rs v. Jacobs

    420 U.S. 128 (1975)   Cited 298 times
    Holding that a class action is moot unless it was duly certified pursuant to Rule 23 and a controversy still exists between the present members of the class and the defendant

  8. Fox v. Bd., Trustees of St. University of N.Y

    42 F.3d 135 (2d Cir. 1994)   Cited 313 times
    Holding that former college students' section 1983 claims seeking prospective relief from university's policy were moot, as court "could provide no legally cognizable benefits to [them] once they had left the [university]," whether by graduation or otherwise

  9. Briehl v. General Motors Corp.

    172 F.3d 623 (8th Cir. 1999)   Cited 263 times   3 Legal Analyses
    Holding that a breach of warranty claim for a defective anti-lock brake system was properly dismissed because the brakes functioned properly in the Plaintiff's experience

  10. DM Research, Inc. v. Coll. of Am. Pathologists

    170 F.3d 53 (1st Cir. 1999)   Cited 247 times
    Holding that discovery was not warranted at the motion to dismiss stage

  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 345,981 times   922 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 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,387 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,939 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  14. Section 1692k - Civil liability

    15 U.S.C. § 1692k   Cited 6,112 times   65 Legal Analyses
    Holding debt collectors civilly liable for illicit debt collection practices

  15. Section 2 - Judicial Power and Jurisdiction

    U.S. Const. art. III, § 2   Cited 10,508 times   4 Legal Analyses
    Granting federal courts power only to resolve “cases” and “controversies”

  16. Rule 68 - Offer of Judgment

    Fed. R. Civ. P. 68   Cited 3,840 times   163 Legal Analyses
    Granting costs incurred after plaintiff rejected less favorable offer by defendant