§Why CasetextPricing

Krupa et al v. Richard J. Badolato

MOTION to Dismiss for Lack of Jurisdiction

67 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,832 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,142 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  4. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,054 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  5. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,440 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  6. Rizzo v. Goode

    423 U.S. 362 (1976)   Cited 13,295 times
    Holding that plaintiffs lacked standing to obtain injunctive relief against senior police officials to impose tighter police discipline to prevent harm to civilians

  7. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,565 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court

  8. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,122 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

  9. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,970 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  10. Virginia Office for Protection v. Stewart

    563 U.S. 247 (2011)   Cited 1,293 times
    Finding that the Eleventh Amendment bars damages actions asserted against a State "absent waiver or valid abrogation" of the State's sovereign immunity

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,856 times   688 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

  12. 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 345,885 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

  13. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,415 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,031 times   17 Legal Analyses
    Permitting the use of declarations instead

  15. Section 52:14-17.25 - Short title

    N.J. Stat. § 52:14-17.25   Cited 36 times

    This act shall be known and may be cited as the "New Jersey State Health Benefits Program Act." N.J.S. § 52:14-17.25 L.1961, c.49, p.509, s.1; amended by L.1964, c.125, s.2, eff. 7/1/1964; L.1972, c.75, s.1.

  16. Section 52:14-17.27 - State Health Benefits Commission, State Health Benefits Plan Design Committee

    N.J. Stat. § 52:14-17.27   Cited 31 times   1 Legal Analyses
    Requiring the State Health Benefits Commission to submit an annual report of its yearly fiscal expenditures

  17. Section 52:14-17.30 - State payment of premium, periodic charges

    N.J. Stat. § 52:14-17.30   Cited 4 times

    a. For each active covered State employee and for the eligible dependents the employee may have enrolled at the employee's option, the State, from funds appropriated therefor, shall pay its share of the premium or periodic charges for the benefits provided under the contract purchased by the commission pursuant to subsection a. of section 4 of P.L. 1961, c.49 (C.52:14-17.28). An employee may, on an optional basis, enroll the employee's dependents for coverage under the contract subject to such regulations

  18. Section 52:14-17.46.9 - Obligations of employer for charges for benefits; funds; subaccount

    N.J. Stat. § 52:14-17.46.9   Cited 2 times
    Providing "there shall be no premium sharing or periodic charges for school employees in retirement once they have met the criteria for vesting for pension benefits . . . ."

  19. Section 17B:27-46.1x - Group health insurance policy to provide coverage for treatment of infertility

    N.J. Stat. § 17B:27-46.1x   Cited 1 times

    a. A group health insurance policy which provides hospital or medical expense benefits for groups with more than 50 persons, which includes pregnancy-related benefits, shall not be delivered, issued, executed or renewed in this State, or approved for issuance or renewal in this State by the Commissioner of Banking and Insurance on or after the effective date of this act unless the policy provides coverage for persons covered under the policy for medically necessary expenses incurred in the diagnosis

  20. Section 17:9-1.3 - Appeals from Commission decisions

    N.J. Admin. Code § 17:9-1.3   Cited 15 times

    (a) Any member of the SHBP who disagrees with the decision of the carrier and has exhausted all appeals within the plan, as well as any external review required by the PPACA, if applicable, may request that the matter be considered by the Commission. Requests for consideration must be directed to the Secretary of the Commission within one year of the plan's final adverse benefit determination, and must contain the reason for the disagreement and all available supporting documentation. Appeals shall

  21. Section 17:9-1.1 - Commission meetings

    N.J. Admin. Code § 17:9-1.1   Cited 8 times

    (a) The State Health Benefits Commission shall meet, as necessary, at the call of the Chairperson or the Secretary provided that the required public notice has been given, pursuant to the provisions of the Open Public Meetings Act, 10:4-13. (b) Any three members of the Commission, at least two of whom are ex-officio members, shall constitute a quorum for the purpose of conducting the business of the Commission. Each member shall be entitled to one vote and a majority of all votes of the entire Commission

  22. Section 17:9-2.14 - Policy provisions adoption

    N.J. Admin. Code § 17:9-2.14   Cited 4 times

    The Commission adopts by reference all of the policy provisions contained in the contracts between the health, prescription drug and dental plans and the Commission, as well as any subsequent amendments thereto, to the exclusion of all other possible coverages. The plans handbook supplements the master contracts and contains the specific provisions for services to be covered and those which are excluded. N.J. Admin. Code § 17:9-2.14 R.1981 d.138, effective 6/4/1981. See: 13 N.J.R. 110(b), 13 N.J