§Why CasetextPricing

Wilson v. Ocwen Loan Servicing, Llc

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,550 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 284,316 times   370 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. Umland v. Planco Financial

    542 F.3d 59 (3d Cir. 2008)   Cited 1,018 times
    Holding that plaintiff could not bring common-law contract claim where the alleged implied contractual term reflected the provisions of the Federal Insurance Contributions Act, which did not provide a private right of action

  4. Threadgill v. Armstrong World Ind., Inc.

    928 F.2d 1366 (3d Cir. 1991)   Cited 185 times   2 Legal Analyses
    Holding there is no "law of the district" and that "the doctrine of stare decisis does not compel one district court judge to follow the decision of another"

  5. Benner v. Bank of Am., N.A.

    917 F. Supp. 2d 338 (E.D. Pa. 2013)   Cited 89 times
    Holding that plaintiff's FCEUA claim, “as brought under the UTPCPL,” failed because he did not show ascertainable loss

  6. Pennsy Supply v. Amer. Ash Recycling Corp.

    2006 Pa. Super. 54 (Pa. Super. Ct. 2006)   Cited 87 times
    Involving affirmative representations about the quality of a product on which a third party relied to pursue a project

  7. Cummings v. Allstate Insurance Company

    832 F. Supp. 2d 469 (E.D. Pa. 2011)   Cited 32 times
    Holding that "there is no implied covenant of good faith and fair dealing claim separate from a breach of contract claim"

  8. Joussett v. Bank of Am., N.A.

    CIVIL ACTION No. 15-6318 (E.D. Pa. Oct. 6, 2016)   Cited 17 times
    Comparing various provisions of RESPA to determine whether private rights of action exist under those invoked by plaintiff

  9. McAndrew v. Deutsche Bank Nat'l Trust Co.

    977 F. Supp. 2d 440 (M.D. Pa. 2013)   Cited 16 times
    Dismissing RESPA claim against owner of loan for failure to respond to QWR because it was not the servicer

  10. Sarsfield v. Citimortgage, Inc.

    667 F. Supp. 2d 461 (M.D. Pa. 2009)   Cited 13 times
    Finding that allegations of RESPA violations were sufficient to constitute negligence per se and survive a motion to dismiss

  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 366,668 times   968 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 166,497 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,345 times   144 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  14. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,864 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 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,083 times   110 Legal Analyses
    Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,375 times   83 Legal Analyses
    Defining debt collector

  17. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 5,010 times   28 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  18. Section 1692f - Unfair practices

    15 U.S.C. § 1692f   Cited 3,496 times   39 Legal Analyses
    Prohibiting a debt collector from "collecti[ng] . . . any amount" not "expressly authorized by . . . agreement . . . or permitted by law"

  19. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,918 times   23 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act

  20. Section 1641 - Liability of assignees

    15 U.S.C. § 1641   Cited 1,371 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605