· 7/11/2012
Christopher Hintz v. JPMorgan Chase Bank
Citations
- 686 F.3d 505
- 2012 WL 2814310
- 2012 U.S. App. LEXIS 14121
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that conclusory allegation that RESPA violations caused plaintiffs over $50,000 in damages failed to state a claim
- upholding dismissal of § 2605(e) claim because complaint did not identify actual damages arising from failure to respond to written requests
- affirming dismissal where plaintiffs failed to explain causal connection between RESPA violation and alleged actual damages
- “Generally, parties should not be allowed to amend their complaint without showing how the complaint could be amended to save the meritless claim.”
- “RESPA does not require a servicer to respond to any question that a borrower may ask—no matter how broad, vague, or far afield.”
- “When the court denies leave on the basis of futility, it means the district court has reached the legal conclusion that the amended complaint could not withstand a motion to dismiss under Rule 12(b)(6) . . . .” (quotation omitted)
Source: CourtListener parenthetical corpus (CC0).
Judges: Riley, Wollman, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.