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Thomas v. Phh Mortgage Services et al

MOTION to Dismiss for Failure to State a Claim

38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 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 279,848 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. Goldfarb v. Mayor

    791 F.3d 500 (4th Cir. 2015)   Cited 781 times   1 Legal Analyses
    Holding that because the Resource Conservation Recovery Act's saving clause only bars actions "inconsistent with" the Clean Water Act, "RCRA mandates that are just different, or even greater, than what the CWA requires are not necessarily ... ‘inconsistent’ with the CWA"

  4. Volvo Construction Equipment North America, Inc. v. CLM Equipment Co.

    386 F.3d 581 (4th Cir. 2004)   Cited 608 times
    Holding that for a district court to exercise jurisdiction over a declaratory judgment action, the complaint must allege "an `actual controversy' between the parties `of sufficient immediacy and reality to warrant issuance of a declaratory judgment'" (quoting 28 U.S.C. § 2201)

  5. Owens-Illinois, Inc. v. Meade

    186 F.3d 435 (4th Cir. 1999)   Cited 320 times
    Holding that party faces "conflicting legal obligations" and is necessary to an action to compel arbitration where failure to join creates a "high potential for inconsistent judgments"

  6. Hartford Fire Ins. Co. v. Harleysville Mut. Ins. Co.

    736 F.3d 255 (4th Cir. 2013)   Cited 209 times
    Holding that the defendant did “not possess a sufficient stake . . . to rise above the status of a nominal party” even though its “future coverage limits” could be affected

  7. Brown v. Wash. State Dep't of Commerce

    184 Wn. 2d 509 (Wash. 2015)   Cited 81 times
    Finding that borrowers have no need to investigate note ownership because only holder status is relevant

  8. Continental Masonry v. Verdel Constr

    279 Md. 476 (Md. 1977)   Cited 115 times
    Holding plaintiff's pleading was insufficient to state a valid cause of action because plaintiff's “characterization of [defendant]'s conduct [was] nothing more than a conclusory expression of opinion without factual allegations to support it” and “mere conclusions and general averments of a breach of a contractual duty do not suffice” in complex matters, such as where “the breach ... is not readily apparent”

  9. Whiting-Turner Contracting Co. v. Liberty Mut. Ins. Co.

    912 F. Supp. 2d 321 (D. Md. 2012)   Cited 32 times
    Finding that the motion to dismiss stage is not the appropriate time for the Court to resolve factual disputes

  10. Metra Indus., Inc. v. Rivanna Water & Sewer Auth.

    Civil Action No. 3:12CV00049 (W.D. Va. Feb. 19, 2014)   Cited 30 times
    Finding declaratory judgment serves no "useful purpose" when it seeks only to adjudicate an already-existing breach of contract claim

  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 361,487 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 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 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,128 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,794 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  15. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,792 times   25 Legal Analyses
    Describing "qualified written request"

  16. Section 12-105 - Fair market value; assessed value

    Md. Code, Real. Prop. § 12-105   Cited 16 times

    (a) In this section, the phrase "the effective date of legislative authority for the acquisition of the property" means, with respect to a condemnor vested with continuing power of condemnation, the date of specific administrative determination to acquire the property. (b) The fair market value of property in a condemnation proceeding is the price as of the valuation date for the highest and best use of the property which a vendor, willing but not obligated to sell, would accept for the property

  17. Section 7-105.13 - Certificate of vacancy or certificate of property unfit for human habitation

    Md. Code, Real. Prop. § 7-105.13   Cited 4 times

    (a) (1) In this section the following words have the meanings indicated. (2) "Certificate of property unfit for human habitation" means: (i) In Baltimore City, a certificate of substantial repair; or (ii) A certificate for residential property issued by a unit of a county or municipal corporation indicating that the county or municipal corporation has determined that the residential property is unfit for human habitation. (3) "Certificate of vacancy" means a certificate for a residential property