Constitution Party of Pa. v. Aichele

Holding that it is error to construe a motion to dismiss as a "factual attack" where the defendant has not "presented competing facts"

Steelworkers v. Rawson

Holding that union could contractually undertake, in collective bargaining agreement, other duties towards member employees in addition to statutorily-imposed duty of fair representation

Mortensen v. First Federal Sav. and Loan Ass'n

Holding that dismissal under Rule 12(b) would be “unusual” when the facts necessary to succeed on the merits are at least in part the same as must be alleged or proven to withstand jurisdictional attacks

IUE AFL-CIO Pension Fund v. Herrmann

Holding that a "district court may assert personal jurisdiction over the parties to the related state-law claims even if personal jurisdiction is not otherwise available ...." provided that "a federal statute authorizes nationwide service of process, and the federal and state claims derive from a common nucleus of operative fact"

Metropolitan Life Ins. v. Robertson-Ceco Corp.

Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

In re Schering Plough Corp. Intron/Temodar Consumer Class Action

Holding that the "Complaint's federal and New Jersey RICO Claims parallel each other, and because the two RICO statutes are intended to be coextensive, we follow the District Court's approach and analyze the two claims concurrently"

Robinson v. Overseas Military Sales Corp.

Holding that Section 242 "do[es] not provide private cause[] of action"

Growth Horizons, Inc. v. Delaware County

Holding that district court's determination that defendant did not "make unavailable or deny" housing under § 3604(f) was "a judgment on the merits rather than a jurisdictional decision" because the plaintiff's claim, though ultimately unsuccessful, was not frivolous

Gotha v. U.S.

Holding that an employee of an independent contractor could bring a suit under the FTCA based on the government's allegedly negligent failure to provide safe access to an office trailer on a naval base

Cartel Capital Corp. v. Fireco of New Jersey

Holding in a products liability case that the Comparative Negligence Act is applicable to strict liability causes, but requiring defendant to prove plaintiff's "unreasonable and voluntary exposure to a known risk"

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Section 901 - Short title

Section 905 - Exclusiveness of liability

Providing that the employer’s liability for covered injuries "shall be exclusive and in place of all other liability of such employer to the employee"

Section 34:15-36 - [Effective Until 7/1/2024] Definitions

Precluding employees from suing their employers for actions arising during their employment