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Oracle America, Inc. v. Oregon Health Insurance Exchange Corporation, et al

Motion for Judgment on the Pleadings

53 Cited authorities

  1. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,437 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"

  2. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,543 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

  3. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,397 times   14 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  4. Sossamon v. Texas

    563 U.S. 277 (2011)   Cited 1,628 times   2 Legal Analyses
    Holding RLUIPA's authorization of "appropriate relief" did not "clearly and unambiguously waive sovereign immunity to private suits for damages"

  5. Lapides v. Board of Regents of University System

    535 U.S. 613 (2002)   Cited 2,186 times   6 Legal Analyses
    Holding that a state that joins in the removal of state-law claims to federal court waives its Eleventh Amendment immunity on those causes of action

  6. Puerto Rico Aqueduct Sewer Auth. v. Metcalf Eddy

    506 U.S. 139 (1993)   Cited 2,564 times   3 Legal Analyses
    Holding States and state entities that are (or claim to be) "arms of the State" may appeal a district court decision denying Eleventh Amendment immunity pursuant to the collateral order doctrine

  7. Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

    456 U.S. 694 (1982)   Cited 3,867 times   4 Legal Analyses
    Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

  8. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,228 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  9. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

    527 U.S. 666 (1999)   Cited 1,661 times   13 Legal Analyses
    Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

  10. Williamson Planning Comm'n v. Hamilton Bank

    473 U.S. 172 (1985)   Cited 2,711 times   46 Legal Analyses
    Holding that “if a State provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause [of the United States Constitution] until it has used the procedure and been denied just compensation”

  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 345,805 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

  12. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,164 times   26 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

  13. Section 411 - Registration and civil infringement actions

    17 U.S.C. § 411   Cited 1,479 times   132 Legal Analyses
    In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

  14. Section 30.260 - Definitions for ORS 30.260 to 30.300

    ORS § 30.260   Cited 428 times
    Defining "tort"

  15. Section 705.105 - Department of Consumer and Business Services; director; qualifications; confirmation; Insurance Commissioner; bond or letter of credit; seal

    ORS § 705.105   Cited 2 times

    (1) The Department of Consumer and Business Services is created. (2) The department shall be under the supervision and control of a director who shall be responsible for the functions of the department. (3) Subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565, the Governor shall appoint the director, who shall hold office at the pleasure of the Governor. The person appointed as director shall be well qualified by training and experience to perform the functions

  16. Section 741.001 - Health insurance exchange; legislative intent

    ORS § 741.001

    It is the intent of the Legislative Assembly that the health insurance exchange be administered in such a manner as to: (1) Incorporate the goals of improving the lifelong health of all Oregonians, increasing the quality, reliability and availability of health insurance for all Oregonians and lowering or containing the cost of health insurance so that health insurance is affordable to everyone. (2) Promote the public interest and for the benefit of the people and businesses that obtain health insurance