33 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 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
Brown v. Felsen
442 U.S. 127 (1979) Cited 2,332 times 1 Legal Analyses
Holding that "[r]es judicata prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were asserted or determined in the prior proceeding."
Weller v. Dept. of Soc. Serv. for Baltimore
901 F.2d 387 (4th Cir. 1990) Cited 8,534 times
Holding that while some procedures are sufficient "when visitation and placement decisions are at stake, we believe that the greater liberty interest inherent in the custody of one's child requires something more"
Laber v. Harvey
438 F.3d 404 (4th Cir. 2006) Cited 2,218 times 1 Legal Analyses
Holding that a federal employee cannot bring a civil action placing only the allegedly insufficient administrative remedy at issue-the employee must also place the finding of discrimination at issue
Presley v. City of Charlottesvile
464 F.3d 480 (4th Cir. 2006) Cited 2,055 times
Holding that a pre-deprivation opportunity to be heard is typically required, unless there is a need for quick action by the State or pre-deprivation proceedings are impractical
Revene v. Charles County Com'rs
882 F.2d 870 (4th Cir. 1989) Cited 1,526 times
Holding "[t]he separate claim against the 'Office of Sheriff' [in Charles County, Maryland] was rightly dismissed on the basis that this 'office' is not a cognizable legal entity separate from the Sheriff in his official capacity and the county government of which this 'office' is simply an agency"
Johnson v. Oroweat Foods Co.
785 F.2d 503 (4th Cir. 1986) Cited 1,311 times
Holding that a motion for leave to amend should be denied "when the proposed amendment is clearly insufficient or frivolous on its face."
Brockington v. Boykins
637 F.3d 503 (4th Cir. 2011) Cited 535 times
Holding that unpublished decisions suggesting that no constitutional right was violated did not entitle a defendant to qualified immunity
United Black Firefighters of Norfolk v. Hirst
604 F.2d 844 (4th Cir. 1979) Cited 1,412 times
Holding that the court need not accept unsupported or conclusory factual allegations devoid of any reference to actual events
Pueschel v. U.S.
369 F.3d 345 (4th Cir. 2004) Cited 593 times 1 Legal Analyses
Holding exception to res judicata applied where the defendant had "consented to the [claim] splitting" by representing in the initial action that the plaintiff had filed the challenged claim in another action and, as a result, that the claim was "not part of the [present] lawsuit"
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 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,259 times 143 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,334 times 83 Legal Analyses
Defining debt collector
Section 1692g - Validation of debts
15 U.S.C. § 1692g Cited 3,503 times 71 Legal Analyses
Setting forth requirements for disputing a debt
Section 1692f - Unfair practices
15 U.S.C. § 1692f Cited 3,477 times 39 Legal Analyses
Providing a non-exhaustive list of conduct that is unfair or unconscionable
Section 1692d - Harassment or abuse
15 U.S.C. § 1692d Cited 1,936 times 22 Legal Analyses
Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously
Section 1692i - Legal actions by debt collectors
15 U.S.C. § 1692i Cited 372 times 2 Legal Analyses
Establishing venue requirements for a debt collector "in the case of an action [brought by the debt collector] to enforce an interest in real property securing the consumer's obligation"

Thomas v. Ocwen Loan Servicing Llc et al

33 Cited authorities

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 "[r]es judicata prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were asserted or determined in the prior proceeding."

Holding that while some procedures are sufficient "when visitation and placement decisions are at stake, we believe that the greater liberty interest inherent in the custody of one's child requires something more"

Holding that a federal employee cannot bring a civil action placing only the allegedly insufficient administrative remedy at issue-the employee must also place the finding of discrimination at issue

Holding that a pre-deprivation opportunity to be heard is typically required, unless there is a need for quick action by the State or pre-deprivation proceedings are impractical

Holding "[t]he separate claim against the 'Office of Sheriff' [in Charles County, Maryland] was rightly dismissed on the basis that this 'office' is not a cognizable legal entity separate from the Sheriff in his official capacity and the county government of which this 'office' is simply an agency"

Holding that a motion for leave to amend should be denied "when the proposed amendment is clearly insufficient or frivolous on its face."

Holding that unpublished decisions suggesting that no constitutional right was violated did not entitle a defendant to qualified immunity

Holding that the court need not accept unsupported or conclusory factual allegations devoid of any reference to actual events

Holding exception to res judicata applied where the defendant had "consented to the [claim] splitting" by representing in the initial action that the plaintiff had filed the challenged claim in another action and, as a result, that the claim was "not part of the [present] lawsuit"

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Defining debt collector

Setting forth requirements for disputing a debt

Providing a non-exhaustive list of conduct that is unfair or unconscionable

Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

Establishing venue requirements for a debt collector "in the case of an action [brought by the debt collector] to enforce an interest in real property securing the consumer's obligation"