Legal Opinion
Juárez v. Select Portfolio Servicing, Inc.
Court of Appeals for the First Circuit
Decided February 12, 2013No. 11-2431PublishedCited by 84 opinions
1Opinion of the Court
TORRUELLA, Circuit Judge.
This appeal comes before us after a dismissal of a complaint filed pro se by Melissa A. Juárez against two entities she claims illegally foreclosed her home once she defaulted on her mortgage payments. The district court dismissed her complaint for failure to state a claim. Because we find that the complaint states plausible claims for relief and that the district court abused its discretion in deciding that it would be futile to allow an amendment to the complaint, we reverse.
I
A. Factual and Procedural Background
On October 29, 2010, Juárez, an attorney acting pro se,…
2Cases cited21 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Ocasio-Hernandez v. Fortuno-BursetCourt of Appeals for the First Circuit · 2011
- Boyle v. Hasbro, Inc.Court of Appeals for the First Circuit · 1996
- Richard H. Hatch, Jr. v. Department for Children, Youth and Their Families (State of Rhode Island), Steven Brown and Mary McKee ProposedCourt of Appeals for the First Circuit · 2001
- Sepúlveda-Villarini v. Department of EducationCourt of Appeals for the First Circuit · 2010
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3Cited by84 opinions
- Culhane v. Aurora Loan Services of NebrasCourt of Appeals for the First Circuit · 2013
- Woods v. Wells Fargo Bank, N.A.Court of Appeals for the First Circuit · 2013
- Amyndas Pharmaceuticals, S.A. v. Zealand Pharma A/SCourt of Appeals for the First Circuit · 2022
- Butler v. Deutsche Bank Trust Co. AmericasCourt of Appeals for the First Circuit · 2014
- O'Brien v. Town of BellinghamCourt of Appeals for the First Circuit · 2019
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