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Commonwealth of Pennsylvania, Pennsylvania Game Commission v. Thomas E. Proctor Heirs Trust

BRIEF IN OPPOSITION re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM regarding Defendants' Counterclaim MOTION to Dismiss for Lack of Jurisdiction regarding Defendants' Counterclaim

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Janney Montgomery Scott v. Shepard Niles

    11 F.3d 399 (3d Cir. 1993)   Cited 375 times
    Holding that while "a party defendant who claims a right of contribution or indemnity from third persons" may "implead the absent party under Federal Rule of Civil Procedure 14, it is not required to do so; and, if it does not, its right to bring a separate action for contribution or indemnity is unaffected"

  3. Clark v. Barnard

    108 U.S. 436 (1883)   Cited 515 times   1 Legal Analyses
    Holding State waived Eleventh Amendment immunity where it chose to appear as intervenor

  4. United States v. Grace Tsosie

    92 F.3d 1037 (10th Cir. 1996)   Cited 49 times
    Holding tribal exhaustion may be addressed sua sponte

  5. Herder Spring Hunting Club v. Keller

    143 A.3d 358 (Pa. 2016)   Cited 15 times
    In Herder Spring, our Supreme Court held that parties to a tax sale, held pursuant to the Act of 1815, had two years to challenge any irregularities regarding such sale and/or redeem the property at issue.

  6. Texas v. Caremark

    584 F.3d 655 (5th Cir. 2009)   Cited 21 times
    In Caremark, the Fifth Circuit stated, "[b]ecause sovereign immunity protects states from suit, orders denying dismissal on the basis of sovereign immunity are immediately appealable regardless of the district court's reasons for its decision."

  7. Spring-Ford Area Sch. Dist. v. Genesis Ins. Co.

    158 F. Supp. 2d 476 (E.D. Pa. 2001)   Cited 29 times
    Holding that a party was nominal where no claims were asserted against it and where the party had no legally protected interest in the action, but rather had a "merely financial" interest in it

  8. Bastian v. Sullivan

    2015 Pa. Super. 123 (Pa. Super. Ct. 2015)   Cited 11 times   1 Legal Analyses
    Explaining intent is significant issue in addressing severance and voluntary act by one tenant must be of "sufficient manifestation" that he or she is "unable to retreat" from the action creating severance

  9. Upper Pottsgrove Twp. v. Int'l Fid. Ins. Co.

    976 F. Supp. 2d 598 (E.D. Pa. 2013)   Cited 6 times   1 Legal Analyses
    Distinguishing insurance contracts from suretyships because the insurer and insured have a direct contractual relationship in the former, but a surety and a protected third party do not have a direct contractual relationship in the latter

  10. Com., Dept. of Gen. Svc. v. Frank Briscoe Co.

    502 Pa. 449 (Pa. 1983)   Cited 35 times
    Finding that "the declaratory judgment procedure may not be used to prejudge issues that are committed for initial resolution to an administrative forum, any more than it may be used as a substitute to establish in advance the merits of an appeal from that forum."

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,742 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations