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Newman v. Tribal Casino Gaming Enterprise

MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 8,362 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

  4. Gross v. FBL Financial Services, Inc.

    557 U.S. 167 (2009)   Cited 4,628 times   83 Legal Analyses
    Holding that a plaintiff must establish but-for causation in an ADEA disparate treatment claim

  5. Francis v. Giacomelli

    588 F.3d 186 (4th Cir. 2009)   Cited 4,083 times
    Holding that the defendant was entitled to qualified immunity since "his actions were not clearly unlawful when performed"

  6. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,242 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  7. Mich. v. Bay Mills Indian Cmty.

    572 U.S. 782 (2014)   Cited 469 times   19 Legal Analyses
    Holding that tribal immunity extends to "suits arising from a tribe’s commercial activities, even when they take place off Indian lands"

  8. Bass v. E.I. Dupont de Nemours & Co.

    324 F.3d 761 (4th Cir. 2003)   Cited 2,375 times   1 Legal Analyses
    Holding that conclusory allegations that the employer discriminated against the plaintiff "because of her race and sex" were not sufficient to allege a claim when the facts of the complaint did not support the conclusory allegation

  9. Kiowa Tribe of Okla. v. Manufacturing Technologies

    523 U.S. 751 (1998)   Cited 655 times   16 Legal Analyses
    Holding that “an Indian tribe is subject to suit only where Congress has authorized the suit or the tribe has waived its immunity”

  10. Hill v. Lockheed Martin Logistics Mgmt

    354 F.3d 277 (4th Cir. 2004)   Cited 1,257 times   7 Legal Analyses
    Holding that an employer will not be liable under Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act of 1967 ("ADEA") "for the improperly motivated person who merely influences the decision, but [only] for the person who in reality make[] the decision"

  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 362,607 times   962 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 101,144 times   141 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 621 - Congressional statement of findings and purpose

    29 U.S.C. § 621   Cited 17,737 times   21 Legal Analyses
    Finding that "older workers find themselves disadvantaged in their efforts to retain employment, and especially to regain employment when displaced from jobs"

  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,472 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  15. Section 623 - Prohibition of age discrimination

    29 U.S.C. § 623   Cited 10,319 times   51 Legal Analyses
    Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age

  16. Section 626 - Recordkeeping, investigation, and enforcement

    29 U.S.C. § 626   Cited 6,149 times   44 Legal Analyses
    Adopting the statute of limitations under the Portal-to-Portal Pay Act, 29 U.S.C. § 255

  17. Section 479a-1 - Transferred

    25 U.S.C. § 479a-1   Cited 38 times
    Requiring that the Secretary of the U.S. Department of the Interior annually “publish in the Federal Register a list of all Indian tribes which the Secretary recognizes to be eligible for the special programs and services provided by the United States to Indians because of their status as Indians”

  18. Section 5131 - Publication of list of recognized tribes

    25 U.S.C. § 5131   Cited 22 times   1 Legal Analyses
    Authorizing annual publication of the list