§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 252,784 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 266,697 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. Umland v. Planco Financial

    542 F.3d 59 (3d Cir. 2008)   Cited 989 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 180 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 88 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 82 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 31 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 16 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. Taggart v. Wells Fargo Home Mortg., Inc.

    CIVIL ACTION No. 10-cv-00843 (E.D. Pa. Sep. 27, 2012)   Cited 10 times
    Granting motion for protective order to prevent deposition of former vice president of defendant corporation who had no first-hand knowledge of plaintiff's mortgage and individual with such knowledge was already deposed

  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 345,981 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 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 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 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 9,525 times   54 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 6,926 times   108 Legal Analyses
    Prohibiting false representation of the "character, amount, or legal status of a debt"

  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,218 times   83 Legal Analyses
    Defining debt collector

  17. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,914 times   25 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 3,398 times   35 Legal Analyses
    Providing a non-exhaustive list of conduct that is unfair or unconscionable

  19. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 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 1,337 times   14 Legal Analyses
    Adopting RESPA's meaning of “servicer,” 12 U.S.C. § 2605