§Why CasetextPricing

Utter v. Jpmorgan Chase Bank, NA

Motion to Dismiss for Failure to State a Claim . Oral Argument requested.

11 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,721 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,986 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  5. Gorman v. Wolpoff & Abramson, Llp

    584 F.3d 1147 (9th Cir. 2009)   Cited 884 times   3 Legal Analyses
    Holding that a consumer has a private right of action against a furnisher of credit information for willful or negligent noncompliance with the requirements in 15 U.S.C. § 1681s-2(b)

  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. Safeco Ins. Co. of America v. Burr

    551 U.S. 47 (2007)   10 Legal Analyses

    ON WRITS OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT. Nos. 06-84, 06-100. Argued January 16, 2007. Decided June 4, 2007. Together with No. 06-100, GEICO General Insurance Co. et al. v. Edo, also on certiorari to the same court. The Fair Credit Reporting Act (FCRA) requires notice to a consumer subjected to "adverse action . . . based in whole or in part on any information contained in a consumer [credit] report." 15 U.S.C. § 1681m(a). As applied to insurance companies

  8. Baldin v. Wells Fargo Bank, N.A.

    No. 3:12-cv-00648-AC (D. Or. Dec. 6, 2013)   Cited 5 times
    In Baldin v. Wells Fargo Bank, N.A., No. 3:12-CV-00648-AC, 2013 WL 6388499, at *7-8 (D. Or. Dec. 6, 2013), the U.S. District Court for the District of Oregon distinguished between allegations of failure to correct misinformation and allegations of failure to conduct the investigation in accordance with the duties prescribed by section 1681s-2(b)(1).

  9. Leaper v. Chase

    No. 03:15-cv-00037-HZ (D. Or. Jan. 21, 2015)

    No. 03:15-cv-00037-HZ 01-21-2015 JANINE LEAPER, Plaintiff, v. JP MORGAN CHASE, ROUTH CRABTREE OLSEN aka RCO LEGAL PS, RCO LEGAL PC, MARTIN BISCHOFF LANGLEY HOFFMAN, DOES 1-5, Defendants. Janine Leaper 5095 SW Barnes Road Portland, Oregon 97221 Plaintiff Pro Se HERNANDEZ, District Judge OPINION & ORDER Janine Leaper 5095 SW Barnes Road Portland, Oregon 97221 Plaintiff Pro Se HERNANDEZ, District Judge: Pro se plaintiff Janine Leaper brings this action against JP Morgan Chase and other Defendants. Plaintiff

  10. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,303 times   190 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  11. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,870 times   42 Legal Analyses
    Granting enforcement power to state and federal regulators