Legal Opinion

Abels v. JPMorgan Chase Bank, N.A.

District Court, S.D. Florida

Decided November 23, 2009No. Case 09-21123-CIVPublishedCited by 28 opinions

1Opinion of the Court

ORDER DENYING MOTION TO DISMISS

JAMES LAWRENCE KING, United States District Judge.

THIS CAUSE comes before the Court upon Defendant’s Motion to Dismiss (DE # 25). Plaintiffs have responded (DE #27), and Defendant has filed a Reply (DE #28). After careful consideration and for the reasons set forth below, the Court determines that the motion should be DENIED.

I.Background

The Second Amended Complaint (DE # 18), filed as a putative class action, contains the following allegations. In June 2005, Plaintiffs refinanced a loan with Defendant, secured by a mortgage on their home. Pursuant to section 5…

2Cases cited18 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. United States v. Students Challenging Regulatory Agency Procedures (SCRAP)Supreme Court of the United States · 1973
  3. Joe Marsh, Leroy Owens v. Butler County, Alabama, the Butler County CommissionCourt of Appeals for the Eleventh Circuit · 2001
  4. Centurion Air Cargo, Inc. v. United Parcel Service Co.Court of Appeals for the Eleventh Circuit · 2005
  5. Powertel, Inc. v. BexleyDistrict Court of Appeal of Florida · 1999

13 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Kolbe v. BAC Home Loans Servicing, LPCourt of Appeals for the First Circuit · 2012
  2. Lyons v. Litton Loan Servicing LPDistrict Court, S.D. New York · 2016
  3. Alhassid v. Bank of America, N.A.District Court, S.D. Florida · 2014
  4. Kolbe v. BAC Home Loans Servicing, LPCourt of Appeals for the First Circuit · 2013
  5. Wilson v. Eyerbank, N.A.District Court, S.D. Florida · 2015

23 more not listed; retrieve them via the Exa API.

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