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Diaz-Bernal et al v. Myers et al

Memorandum in Opposition re MOTION to Dismiss for Lack of Jurisdiction

58 Cited authorities

  1. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,845 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

  2. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,765 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  3. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 3,504 times   50 Legal Analyses
    Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

  4. Vaden v. Discover Bank

    556 U.S. 49 (2009)   Cited 2,339 times   47 Legal Analyses
    Holding that federal courts may "look through" a § 4 petition to determine whether "the parties' underlying substantive controversy" gives rise to subject-matter jurisdiction

  5. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,305 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  6. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,963 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

  7. New York v. United States

    505 U.S. 144 (1992)   Cited 991 times   14 Legal Analyses
    Holding that the federal government could not commandeer States to enact or enforce a federal regulatory scheme

  8. Aetna Life Ins. Co. v. Haworth

    300 U.S. 227 (1937)   Cited 3,451 times   1 Legal Analyses
    Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

  9. Skelly Oil Co. v. Phillips Co.

    339 U.S. 667 (1950)   Cited 1,869 times   1 Legal Analyses
    Holding Congress enlarged the range of available federal court remedies, not jurisdiction, under the DJA because "[i]t is well-settled that the [DJA] cannot serve as an independent basis for federal subject matter jurisdiction"

  10. Trudeau v. Federal Trade Com'n

    456 F.3d 178 (D.C. Cir. 2006)   Cited 887 times
    Holding APA § 702's waiver applies to claims against an agency for nonmonetary relief regardless of whether the challenged agency action constitutes "final agency action" subject to review under APA § 704

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,675 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,599 times   135 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,568 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,073 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,062 times   24 Legal Analyses
    Granting judicial review of "agency action"

  16. Section 30901 - Short title

    46 U.S.C. § 30901   Cited 135 times

    This chapter may be cited as the "Suits in Admiralty Act". 46 U.S.C. § 30901 Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1517. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30901 46 App.:741 note. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLEAct Mar. 9, 1920, ch. 95, 41 Stat. 525, which enacted chapter 20 (§741 et seq.) of the former Appendix to this title, was popularly known as the "Suits in Admiralty Act", prior to being repealed and restated

  17. Section 2201 - Assistance to disadvantaged children in Asia

    22 U.S.C. § 2201   Cited 83 times

    (a) Congressional findings The Congress recognizes the humanitarian needs of disadvantaged children in Asian countries where there has been or continues to be a heavy presence of United States military and related personnel in recent years. Moreover, the Congress finds that inadequate provision has been made for the care and welfare of such disadvantaged children, particularly those fathered by the 1 United States citizens. (b) Authority of President Accordingly, the President is authorized to expend