§Why CasetextPricing

WULF v. BANK OF AMERICA, N.A. et al

Memorandum of Law in Opposition re MOTION to Dismiss Plaintiff's Complaint

59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,210 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,340 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  5. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,705 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  6. East River S. S. Corp. v. Transamerica Delaval

    476 U.S. 858 (1986)   Cited 1,296 times   12 Legal Analyses
    Holding that no products-liability claim lies in admiralty when the only injury claimed is economic loss

  7. Samuel-Bassett v. Kia Motors America, Inc.

    357 F.3d 392 (3d Cir. 2004)   Cited 951 times   4 Legal Analyses
    Holding that 28 U.S.C. § 1441 is to be strictly construed against removal

  8. Etoll, Inc. v. Elias/Savion Advertising, Inc.

    2002 Pa. Super. 347 (Pa. Super. Ct. 2002)   Cited 652 times
    Holding plaintiff's fraud claims were barred by gist of the action doctrine because the acts "arose in the course of the parties' contractual relationship" and "the fraud claims [were] inextricably intertwined with the contract claims"

  9. Bohler-Uddeholm America, Inc. v. Ellwood Group

    247 F.3d 79 (3d Cir. 2001)   Cited 641 times   1 Legal Analyses
    Holding that Pennsylvania law allows use of extrinsic evidence to establish a latent ambiguity

  10. Werwinski v. Ford Motor Co.

    286 F.3d 661 (3d Cir. 2002)   Cited 571 times   2 Legal Analyses
    Holding that, in the absence of a controlling decision from a state's highest court on an issue of state law, a federal court sitting in diversity must predict how the court would rule by considering the relevant decisions of the state's appellate courts

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,855 times   55 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”

  13. Section 1638 - Transactions other than under an open end credit plan

    15 U.S.C. § 1638   Cited 1,192 times   4 Legal Analyses
    Describing TILA’s disclosure requirements for consumer credit transactions

  14. Section 1639 - Requirements for certain mortgages

    15 U.S.C. § 1639   Cited 996 times   2 Legal Analyses
    Describing information that must be disclosed to consumers by a creditor, including annual percentage rate and monthly payment

  15. Section 201-2 - Definitions

    73 Pa. Stat. § 201-2   Cited 408 times   9 Legal Analyses
    Representing that services have characteristics they do not have

  16. Section 4012a - Flood insurance purchase and compliance requirements and escrow accounts

    42 U.S.C. § 4012a   Cited 97 times   12 Legal Analyses
    Stating that regulators shall require lenders to give advance notice of the flood insurance requirement before closing on a loan

  17. Section 226.17 - General disclosure requirements

    12 C.F.R. § 226.17   Cited 543 times   1 Legal Analyses
    Requiring that consumer receive a copy of TILA disclosures

  18. Section 226.18 - Content of disclosures

    12 C.F.R. § 226.18   Cited 534 times
    Listing the required disclosures for variable rate

  19. Section 226.20 - Subsequent disclosure requirements

    12 C.F.R. § 226.20   Cited 120 times
    Requiring disclosures for the consumer upon a refinancing

  20. Section 226.5 - General disclosure requirements

    12 C.F.R. § 226.5   Cited 113 times
    Implementing 15 U.S.C. § 1631

  21. Section 22.3 - Requirement to purchase flood insurance where available

    12 C.F.R. § 22.3   Cited 6 times

    (a)In general. A national bank or Federal savings association shall not make, increase, extend, or renew any designated loan unless the building or mobile home and any personal property securing the loan is covered by flood insurance for the term of the loan. The amount of insurance must be at least equal to the lesser of the outstanding principal balance of the designated loan or the maximum limit of coverage available for the particular type of property under the Act. Flood insurance coverage under