§Why CasetextPricing

Kava Holdings, Llc v. Mori Pam Rubin et al

NOTICE OF MOTION AND MOTION to Dismiss Case , NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction

53 Cited authorities

  1. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,285 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

  2. Albino v. Baca

    747 F.3d 1162 (9th Cir. 2014)   Cited 3,693 times
    Holding that the prisoner has the burden "to come forward with evidence showing that there is something in his particular case that made the existing and generally available administrative remedies effectively unavailable to him"

  3. Heckler v. Ringer

    466 U.S. 602 (1984)   Cited 1,756 times   2 Legal Analyses
    Holding that plaintiffs' claims were not wholly collateral to a statutory scheme of administrative and judicial review of Medicare payment decisions, where plaintiffs' constitutional and statutory challenge to an agency's procedure for reaching payment decisions was "at bottom" an attempt to reverse the agency's decision to deny payment

  4. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,044 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  5. Heckler v. Community Health Services

    467 U.S. 51 (1984)   Cited 1,277 times   2 Legal Analyses
    Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations

  6. Nat'l Labor Relations Bd. v. Canning

    573 U.S. 513 (2014)   Cited 260 times   150 Legal Analyses
    Holding that because there was no quorum of validly appointed board members, the NLRB “lacked authority to act,” and the enforcement order was therefore “void ab initio ”

  7. Japan Whaling Ass'n v. American Cetacean Society

    478 U.S. 221 (1986)   Cited 568 times   1 Legal Analyses
    Holding that plaintiffs "undoubtedly have alleged a sufficient `injury in fact' in that the whale watching and studying of their members will be adversely affected by continued whale harvesting"

  8. Board of Govs., FRS v. Mcorp Financial, Inc.

    502 U.S. 32 (1991)   Cited 309 times   1 Legal Analyses
    Holding that proceeding by Federal Reserve alleging unsafe banking practices fit “squarely within § 362(b)”

  9. Nat'l Labor Relations Bd. v. United Food & Commercial Workers Union, Local 23

    484 U.S. 112 (1987)   Cited 341 times   1 Legal Analyses
    Holding that a federal court has no authority to review a decision of the NLRB's General Counsel dismissing an unfair labor practice complaint pursuant to an informal settlement in which the charging party refused to join

  10. Barron v. Reich

    13 F.3d 1370 (9th Cir. 1994)   Cited 948 times
    Holding that a statute's use of the word "may," unlike the word "shall," generally confers discretion on the agency

  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 347,506 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 97,772 times   136 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 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,274 times   81 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355

  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,392 times   36 Legal Analyses
    Adopting the definition given in Section 551

  15. Section 160 - Prevention of unfair labor practices

    29 U.S.C. § 160   Cited 7,014 times   19 Legal Analyses
    Finding that the procedures for unfair labor practice cases mandated by R.C. 4117.12 and 4117.13 are substantively identical to those established in NLRA to govern unfair labor practice cases before NLRB

  16. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,584 times   4 Legal Analyses
    Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

  17. Section 151 - Findings and declaration of policy

    29 U.S.C. § 151   Cited 5,066 times   33 Legal Analyses
    Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

  18. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,712 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."

  19. Section 1337 - Commerce and antitrust regulations; amount in controversy, costs

    28 U.S.C. § 1337   Cited 3,071 times   1 Legal Analyses
    Granting jurisdiction for claims arising under statutes regulating interstate commerce

  20. Section 555 - Ancillary matters

    5 U.S.C. § 555   Cited 1,140 times   13 Legal Analyses
    Providing that an agency's notice of denial "shall be accompanied by a brief statement of the grounds for denial"

  21. Section 102.15 - When and by whom issued; contents; service

    29 C.F.R. § 102.15   Cited 49 times
    Stating a complaint must "contain . . . clear and concise statement of the facts upon which the Board asserts jurisdiction"