Mearns v. Commonwealth

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[t]he contract itself need not be attached to the complaint, but the pleading must at least set forth the terms by express reference to satisfy this requirement”
• finding “the conclusory allegations of generalized consumer injury here are insufficient to support a plausible Section 349 claim”
• dismissing as conclu-sory the plaintiffs assertions that he “suffered financial loss and severe mental anguish and emotional distress of facing the loss or possible loss of his home through foreclosure”
• concluding borrower's RESPA claim under 12 U.S.C. § 2605 failed because he failed to plead actual damages and made only 1 RESP A p rovides individual borrowers with a p rivate cause of action to sue for damages and costs caused by violations. 12 U.S.C. § 2605(£
• finding plaintiff’s allegation that he submitted a QWR that “formally pointed to [the defendant’s] error” and “disputed the validity of his current debts with defendant,” without more, was too non-specific to qualify as a QWR
• dismissing a claim under RESPA because plaintiff’s claim was unsupported by fact

Source: CourtListener parenthetical corpus (CC0).