§Why CasetextPricing

Thornburg et al v. Ocwen Loan Servicing LLC et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 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 265,336 times   364 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. Safeco Ins. Co. of America v. Burr

    551 U.S. 47 (2007)   Cited 344 times   1 Legal Analyses
    Holding that liability for “willfully” failing to comply with the FCRA extends not only to acts known to violate the FCRA, but also to the reckless disregard of a statutory duty

  4. Scheid v. Fanny Farmer Candy Shops, Inc.

    859 F.2d 434 (6th Cir. 1988)   Cited 2,420 times
    Holding complaint must plead facts in support of material elements of claim

  5. Morgan v. Church's Fried Chicken

    829 F.2d 10 (6th Cir. 1987)   Cited 2,119 times
    Finding legal conclusions alone are not sufficient to present a valid claim, and the district court is not required to accept unwarranted factual inferences

  6. Nelson v. Chase Manhattan Mortgage Corp.

    282 F.3d 1057 (9th Cir. 2002)   Cited 419 times
    Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"

  7. Hunter v. Sec'y of U.S. Army

    565 F.3d 986 (6th Cir. 2009)   Cited 259 times   2 Legal Analyses
    Holding that a single, isolated comment did not "rise to the level of a materially adverse employment action"

  8. Young v. Equifax Credit Inf. Services, Inc.

    294 F.3d 631 (5th Cir. 2002)   Cited 257 times
    Holding that plaintiff's claims fail as a matter of law without evidence that defendant received notice of a dispute from a consumer reporting agency

  9. Marais v. Chase Home Finance LLC

    736 F.3d 711 (6th Cir. 2013)   Cited 110 times   2 Legal Analyses
    Holding that plaintiffs could recover for damages relating to credit misreporting

  10. Ogle v. BAC Home Loans Servicing LP

    924 F. Supp. 2d 902 (S.D. Ohio 2013)   Cited 60 times
    Finding that a loan servicer was not a "debt collector" under the FDCPA where "the debt was assigned for servicing before default of the loan ..."

  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 344,399 times   920 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 155,442 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,018 times   133 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,818 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  15. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,663 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  16. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,795 times   52 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”

  17. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,276 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  18. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,910 times   24 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

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

    12 U.S.C. § 2605   Cited 3,715 times   23 Legal Analyses
    Describing "qualified written request"

  20. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,434 times   23 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"