United States Seventh Circuit

In a suit brought under the Truth in Lending Act (TILA), dismissal for failure to state a claim upon which relief can be granted is reversed and remanded where: 1) there was appellate jurisdiction over the matter; 2) in granting the motion, the district court failed to take the alleged facts in the light most favorable to the pleader; 3) such standard remains in place despite the Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007).

Appellate Information

• Decided 12/24/2008
• Published 12/24/2008

Judges

• WOOD, Circuit Judge., Before MANION, WOOD, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Lloyd J. Brooks (argued), Brooks Law Firm, Dolton, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Peter E. Cooper, Mitchell B. Goldberg (argued), Lawrence, Kamin, Saunders & Uhlenhop, Jonathan D. Nusgart (argued), Mitchell A. Lieberman, Noonan & Lieberman, Chicago, IL, for Defendants-Appellees.