§Why CasetextPricing

Whitehead et al v. Ocwen Financial Corp. et al

MOTION to Dismiss for Failure to State a Claim

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,314 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 266,259 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. Brooks v. Ross

    578 F.3d 574 (7th Cir. 2009)   Cited 3,251 times
    Holding that a claim is plausible if the facts alleged raise a reasonable expectation that discovery will yield evidence supporting the allegations

  4. Tal v. Hogan

    453 F.3d 1244 (10th Cir. 2006)   Cited 1,378 times   1 Legal Analyses
    Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"

  5. GFF Corp. v. Associated Wholesale Grocers, Inc.

    130 F.3d 1381 (10th Cir. 1997)   Cited 1,548 times
    Holding failure to address district court's alternative ground for granting summary judgment compelled affirmance

  6. Koch v. Koch Indus., Inc.

    203 F.3d 1202 (10th Cir. 2000)   Cited 748 times   1 Legal Analyses
    Holding plaintiffs "waive[d] their bias argument on appeal because they failed to timely move for disqualification"

  7. St. Louis Baptist Temple v. F. D. I. C

    605 F.2d 1169 (10th Cir. 1979)   Cited 1,188 times   1 Legal Analyses
    Holding that federal courts may take notice of proceedings in other courts, both within and outside of the federal judicial system

  8. Meyer v. Portfolio Recovery Assocs., LLC

    707 F.3d 1036 (9th Cir. 2012)   Cited 352 times   4 Legal Analyses
    Holding that a defendant violates the TCPA by calling a plaintiff's cellphone using an autodialing system without the plaintiff's consent

  9. U.S. ex Rel. v. Regence Bluecross

    472 F.3d 702 (10th Cir. 2006)   Cited 417 times   8 Legal Analyses
    Holding that liability under a causation theory “requir[es] more than mere passive acquiescence”

  10. Greenberg v. Wolfberg

    1994 OK 147 (Okla. 1995)   Cited 80 times
    Holding in a malicious prosecution case where the prior suit was a civil suit that "[d]ismissal without prejudice is not a termination favorable to the malicious-prosecution plaintiff."

  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 345,449 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

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,503 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,974 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,889 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  15. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,656 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  16. Section 1033 - Proceedings by petition, when - Summons

    Okla. Stat. tit. 12 § 1033   Cited 14 times

    If more than thirty (30) days after a judgment, decree, or appealable order has been filed, proceedings to vacate or modify the judgment, decree, or appealable order, on the grounds mentioned in paragraphs 2, 4, 5, 6, 7, 8 and 9 of Section 1031 of this title, shall be by petition, verified by affidavit, setting forth the judgment, decree, or appealable order, the grounds to vacate or modify it, and the defense to the action, if the party applying was defendant. On this petition, a summons shall issue