63 Cited authorities

United States Parole Comm'n v. Geraghty
445 U.S. 388 (1980) Cited 2,013 times 10 Legal Analyses
Holding even a named plaintiff whose individual claims are moot retains a "personal stake" in representing the class jurisdictionally sufficient to appeal the denial of class certification
Flast v. Cohen
392 U.S. 83 (1968) Cited 3,136 times 3 Legal Analyses
Holding that taxpayers have an adequate stake in the outcome of Establishment Clause litigation to satisfy Article III standing requirements, after stating that "[o]ur history vividly illustrates that one of the specific evils feared by those who drafted the Establishment Clause and fought for its adoption was that the taxing and spending power would be used to favor one religion over another or to support religion in general"
Riverside v. Rivera
477 U.S. 561 (1986) Cited 1,416 times
Holding a defendant is not liable for § 1988 attorney fees which are incurred after a Rule 68 offer of judgment "where the judgment recovered by the plaintiff is less than the offer"
County of Los Angeles v. Davis
440 U.S. 625 (1979) Cited 1,775 times 2 Legal Analyses
Holding that voluntary cessation can render an issue moot if “there is no reasonable expectation ... that the alleged violation will recur”
Sosna v. Iowa
419 U.S. 393 (1975) Cited 1,733 times 9 Legal Analyses
Holding that the requisite Article III "case or controversy" may exist "between a named defendant and a member of the class represented by the named plaintiff, even though the claim of the named plaintiff has become moot"
Marek v. Chesny
473 U.S. 1 (1985) Cited 987 times 7 Legal Analyses
Holding that, under Rule 68, costs could be shifted to the plaintiff in a § 1983 action because he rejected a judgment offer that exceeded the sum of his damages and pre-offer cost
Deposit Guaranty Nat. Bank v. Roper
445 U.S. 326 (1980) Cited 987 times 23 Legal Analyses
Holding that denial of class certification is appealable after entry of final judgment
Gonzalez v. Kay
577 F.3d 600 (5th Cir. 2009) Cited 1,157 times 1 Legal Analyses
Holding that some letters are "so deceptive and misleading as to violate the FDCPA as a matter of law," others are not deceptive as a matter of law, and many are somewhere in the middle, requiring further consideration by the district court beyond the initial motion to dismiss phase of the pleadings.
Zappia Middle East Construction Co. v. Emirate of Abu Dhabi
215 F.3d 247 (2d Cir. 2000) Cited 530 times
Finding that the Abu Dhabi Commercial Bank was not an alter ego of Emirate of Abu Dhabi
Weiss v. Regal Collections
385 F.3d 337 (3d Cir. 2004) Cited 418 times 13 Legal Analyses
Holding that claims under the Fair Debt Collections Practices Act, with a maximum recovery of $1,000 plus attorneys' fees and expenses, were "acutely susceptible to mootness"
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
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 41,202 times 141 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 35,777 times 141 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 14,998 times 139 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
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
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

Suquilanda v. Cohen & Slamowitz, LLP et al

63 Cited authorities

Holding even a named plaintiff whose individual claims are moot retains a "personal stake" in representing the class jurisdictionally sufficient to appeal the denial of class certification

Holding a defendant is not liable for § 1988 attorney fees which are incurred after a Rule 68 offer of judgment "where the judgment recovered by the plaintiff is less than the offer"

Holding that voluntary cessation can render an issue moot if “there is no reasonable expectation ... that the alleged violation will recur”

Holding that the requisite Article III "case or controversy" may exist "between a named defendant and a member of the class represented by the named plaintiff, even though the claim of the named plaintiff has become moot"

Holding that, under Rule 68, costs could be shifted to the plaintiff in a § 1983 action because he rejected a judgment offer that exceeded the sum of his damages and pre-offer cost

Holding that denial of class certification is appealable after entry of final judgment

Finding that the Abu Dhabi Commercial Bank was not an alter ego of Emirate of Abu Dhabi

Holding that claims under the Fair Debt Collections Practices Act, with a maximum recovery of $1,000 plus attorneys' fees and expenses, were "acutely susceptible to mootness"

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

Holding party seeking fees may additionally seek "nontaxable expenses"

Holding an "unrepresented party" to the same standard as an attorney

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Holding debt collectors civilly liable for illicit debt collection practices

Granting costs incurred after plaintiff rejected less favorable offer by defendant