14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 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 276,185 times   369 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. Nationwide Bi-Weekly Administration, Inc. v. Belo Corp.

    512 F.3d 137 (5th Cir. 2007)   Cited 142 times
    Holding that Texas applies a "single publication rule" to mass media publications such as books where the statute of limitation period begins to run on the date the publication is complete
  4. Novak v. JPMorgan Chase Bank, N.A.

    518 F. App'x 498 (8th Cir. 2013)   Cited 14 times
    Finding that plaintiffs "'must state facts sufficient to allow the court to draw the reasonable inference that . . . she is in possession and that a defendant claims a right or title to the property, but has no such right or title.'"
  5. Stewart v. Alonzo

    CIVIL ACTION NO. C-08-347 (S.D. Tex. Jan. 26, 2009)   Cited 12 times

    CIVIL ACTION NO. C-08-347. January 26, 2009 ORDER JANIS JACK, District Judge On this day came on to be considered Defendants' Irene Alonzo, Cristina Yeverino, and State Finance Company, Ltd.'s motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c). For the reasons set forth below, Defendants' motions are DENIED. I) Jurisdiction The Court has federal subject matter jurisdiction over this lawsuit

  6. 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 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  8. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,193 times   141 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  9. Section 1692e - False or misleading representations

    15 U.S.C. § 1692e   Cited 7,019 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"
  10. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,303 times   83 Legal Analyses
    Defining debt collector
  11. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,807 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."
  12. Section 1692c - Communication in connection with debt collection

    15 U.S.C. § 1692c   Cited 1,668 times   52 Legal Analyses
    Regulating communications with consumers
  13. Section 1692b - Acquisition of location information

    15 U.S.C. § 1692b   Cited 376 times   3 Legal Analyses
    Governing the acquisition of location information
  14. Section 392.302 - Harassment; Abuse

    Tex. Fin. Code § 392.302   Cited 46 times
    Prohibiting debt collectors from "causing a telephone to ring repeatedly and continuously, or making repeated or continuous telephone class, with the intent to harass a person at the called number"