§Why CasetextPricing

Krupa et al v. Richard J. Badolato

MOTION to Dismiss for Lack of Jurisdiction

81 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. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,773 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  3. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,487 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  4. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  5. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,080 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

  6. Rizzo v. Goode

    423 U.S. 362 (1976)   Cited 13,292 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. Plumhoff v. Rickard

    572 U.S. 765 (2014)   Cited 1,949 times   6 Legal Analyses
    Holding officers who shot the driver of a fleeing vehicle "to put an end to a dangerous car chase" were entitled to qualified immunity

  8. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,075 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

  9. Quern v. Jordan

    440 U.S. 332 (1979)   Cited 6,563 times
    Holding that § 1983 does not abrogate state sovereign immunity in federal court

  10. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,120 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 486,625 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 345,715 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

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,524 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. 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.

  15. 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

  16. Section 17B:27-51.1 - Reimbursement for service of chiropractor

    N.J. Stat. § 17B:27-51.1   Cited 4 times

    Notwithstanding any provision of a policy or contract of group health insurance, hereafter delivered or issued for delivery in this State, whenever such a policy or contract provides for reimbursement for any service which is within the lawful scope of practice of a duly licensed chiropractor, a person covered under such group health policy or contract or the chiropractor rendering such service shall be entitled to reimbursement for such service when the said service is performed by a chiropractor

  17. Section 17B:27-1 - [Repealed]

    N.J. Stat. § 17B:27-1   Cited 4 times

    N.J.S. § 17B:27-1 Repealed by L. 2005, c. 190, s. 9, eff. 1/1/2005. L.1971, c.144, s.17B:27-1.

  18. Section 52:14-17.46.1 - Short title

    N.J. Stat. § 52:14-17.46.1   Cited 4 times

    sections 31 through 41 of P.L. 2007, c. 103(C.52:14-17.46.1 through C.52:14-17.46.11) shall be known and may be cited as the "School Employees' Health Benefits Program Act." N.J.S. § 52:14-17.46.1 Added by L. 2007, c. 103,s. 31, eff. 6/28/2007.

  19. 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 . . . ."

  20. Section 17:48-6x - Hospital service corporation to provide coverage for treatment of infertility

    N.J. Stat. § 17:48-6x   Cited 1 times

    a. A hospital service corporation contract 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 contract provides coverage for persons covered under the contract for medically necessary expenses incurred in

  21. 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

  22. 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

  23. Section 11:4-54.2 - Definitions

    N.J. Admin. Code § 11:4-54.2

    The following words and terms, when used in this subchapter, shall have the following meanings unless the context clearly indicates otherwise: "Artificial insemination" means the introduction of sperm into a woman's vagina or uterus by noncoital methods for the purpose of conception, and includes intrauterine insemination. "Assisted hatching" means a micromanipulation technique in which a hole is artificially created in the outer shell of an embryo to assist with the potential implantation of that