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Gila River Indian Community et al v. United States Department of Veterans Affairs et al

MOTION to Dismiss for Lack of Jurisdiction or, in the alternative, MOTION to Dismiss for Failure to State a Claim

65 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,535 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  3. Pennsylvania Dept. of Corrections v. Yeskey

    524 U.S. 206 (1998)   Cited 2,152 times
    Holding that text of Title II's prohibition of discrimination by "public entities" against disabled individuals "unmistakably includes State prisons and prisoners within its coverage"

  4. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,504 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products

  5. Williamson Planning Comm'n v. Hamilton Bank

    473 U.S. 172 (1985)   Cited 2,711 times   46 Legal Analyses
    Holding that “if a State provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause [of the United States Constitution] until it has used the procedure and been denied just compensation”

  6. King v. Burwell

    574 U.S. 988 (2015)   Cited 670 times   40 Legal Analyses
    Holding that Congress did not delegate health insurance policy to Internal Revenue Service

  7. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,311 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  8. U.S. Army Corps of Eng'rs v. Hawkes Co.

    578 U.S. 590 (2016)   Cited 292 times   27 Legal Analyses
    Holding that parties "need not await enforcement proceedings before challenging final agency action where such proceedings carry the risk of serious criminal and civil penalties"

  9. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,743 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  10. Johnson v. Robison

    415 U.S. 361 (1974)   Cited 787 times
    Holding that provision barring review of "`decisions of the Administrator on any question of law or fact under any law administered by the Veterans' Administration providing benefits for veterans'" did not bar constitutional challenge

  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 345,715 times   922 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 706 - Scope of review

    5 U.S.C. § 706   Cited 20,433 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,744 times   69 Legal Analyses
    Adopting the definition set out in the APA

  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,245 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  15. Section 511 - Decisions of the Secretary; finality

    38 U.S.C. § 511   Cited 600 times
    Providing that decisions related to the provision of a veteran's benefits "may not be reviewed by any court, whether by an action in the nature of mandamus or otherwise."

  16. Section 7252 - Jurisdiction; finality of decisions

    38 U.S.C. § 7252   Cited 353 times
    Granting the Veterans Court "power to affirm, modify, or reverse a decision of the Board or to remand the matter, as appropriate"

  17. Section 8153 - Sharing of health-care resources

    38 U.S.C. § 8153   Cited 7 times

    (a) (1) To secure health-care resources which otherwise might not be feasibly available, or to effectively utilize certain other health-care resources, the Secretary may, when the Secretary determines it to be in the best interest of the prevailing standards of the Department medical care program, make arrangements, by contract or other form of agreement for the mutual use, or exchange of use, of health-care resources between Department health-care facilities and any health-care provider, or other

  18. Section 1623 - Special rules relating to Indians

    25 U.S.C. § 1623   Cited 7 times   1 Legal Analyses

    (a) No Cost-sharing for Indians with income at or below 300 percent of poverty enrolled in coverage through a State Exchange For provisions prohibiting cost sharing for Indians enrolled in any qualified health plan in the individual market through an Exchange, see section 18071(d) of title 42. (b) Payer of last resort Health programs operated by the Indian Health Service, Indian tribes, tribal organizations, and Urban Indian organizations (as those terms are defined in section 1603 of this title)

  19. Section 1728 - Reimbursement of certain medical expenses

    38 U.S.C. § 1728   Cited 7 times
    Setting forth scheme for VA reimbursement of certain medical expenses incurred by veterans

  20. Section 1725 - Reimbursement for emergency treatment

    38 U.S.C. § 1725   Cited 6 times

    (a) GENERAL AUTHORITY.- (1) Subject to subsections (c) and (d), the Secretary shall reimburse a veteran described in subsection (b) for the reasonable value of emergency treatment furnished the veteran in a non-Department facility. (2) In any case in which reimbursement is authorized under subsection (a)(1), the Secretary, in the Secretary's discretion, may, in lieu of reimbursing the veteran, make payment of the reasonable value of the furnished emergency treatment directly- (A) to a hospital or

  21. Section 20.3 - Rule 3. Definitions

    38 C.F.R. § 20.3   Cited 52 times
    Defining the term "benefit"

  22. Section 17.132 - Appeals

    38 C.F.R. § 17.132

    (a) This section applies only to legacy claims. (b) When any claim for payment or reimbursement of expenses of medical care or services rendered in non-Department of Veterans Affairs facilities or from non-Department of Veterans Affairs resources has been disallowed, the claimant shall be notified of the reasons for the disallowance and of the right to initiate an appeal to the Board of Veterans Appeals by filing a Notice of Disagreement, and shall be furnished such other notices or statements as