§Why CasetextPricing

Heck et al v. Heavenly Couture, Inc.

MOTION to Dismiss for Failure to State a Claim Upon Which Relief May be Granted, MOTION to Dismiss for Lack of Jurisdiction Dismiss for Lack of Subject Matter Jurisdiction

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,952 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  3. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 18,150 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

  4. Bender v. Williamsport Area School Dist

    475 U.S. 534 (1986)   Cited 2,985 times   1 Legal Analyses
    Holding that a school board member sued in his official capacity was bound by the board’s litigation decisions and could not file his own notice of appeal

  5. White v. Lee

    227 F.3d 1214 (9th Cir. 2000)   Cited 2,154 times   1 Legal Analyses
    Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”

  6. Thornhill Pub. v. General Telephone Elec

    594 F.2d 730 (9th Cir. 1979)   Cited 2,968 times
    Holding that conclusory and speculative affidavits are insufficient to defeat summary judgment

  7. Lyndonville Savs. Bank Trust Co. v. Lussier

    211 F.3d 697 (2d Cir. 2000)   Cited 827 times   1 Legal Analyses
    Holding that a district court correctly exercised federal question jurisdiction over a private plaintiff's claim based on a restitution order entered under 18 U.S.C. § 3664(h) of the Victim and Witness Protection Act ("VWPA"), a predecessor to the MVRA, and stating that "an order for restitution may be enforced. . . . by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action"

  8. McCarthy v. U.S.

    850 F.2d 558 (9th Cir. 1988)   Cited 1,174 times
    Holding that a court "may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction"

  9. Palmer v. Hospital Authority of Randolph Cty

    22 F.3d 1559 (11th Cir. 1994)   Cited 655 times
    Holding that the considerations articulated in United Mine Workers of America v. Gibbs, 383 U.S. 715, survived the codification of 28 U.S.C. § 1367

  10. Augustine v. United States

    704 F.2d 1074 (9th Cir. 1983)   Cited 896 times
    Holding that a court may address jurisdictional and substantive issues concurrently if they are "intertwined"

  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 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,290 times   81 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,278 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. Section 207 - Maximum hours

    29 U.S.C. § 207   Cited 10,755 times   231 Legal Analyses
    Establishing overtime rules

  17. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 9,038 times   101 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”