§Why CasetextPricing

Paradigm Energy Partners, Llc v. Fox et al

MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support

62 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,991 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,740 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  4. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,444 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"

  5. Brandon v. Holt

    469 U.S. 464 (1985)   Cited 2,330 times
    Holding that an official sued in his official capacity may not take advantage of a qualified immunity defense

  6. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,199 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees

  7. Kiowa Tribe of Okla. v. Manufacturing Technologies

    523 U.S. 751 (1998)   Cited 645 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”

  8. Oklahoma Tax Comm'n v. Potawatomi Tribe

    498 U.S. 505 (1991)   Cited 627 times   10 Legal Analyses
    Holding that states have a right to collect taxes on certain cigarette sales on an Indian reservation, but the tribe is immune from suit seeking to enforce that right

  9. Montana v. United States

    450 U.S. 544 (1981)   Cited 742 times   14 Legal Analyses
    Holding that an Indian tribe may prohibit or regulate hunting and fishing by nonmembers on tribal land

  10. United States v. Wheeler

    435 U.S. 313 (1978)   Cited 809 times   1 Legal Analyses
    Holding that "the prosecution of an Indian in a federal district court under the Major Crimes Act, 18 U.S.C. § 1153, when he has previously been convicted in a tribal court of a lesser included offense arising out of the same incident" is not barred by the Double Jeopardy Clause

  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 345,981 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. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,527 times   54 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  13. Section 323 - Rights-of-way for all purposes across any Indian lands

    25 U.S.C. § 323   Cited 81 times
    Empowering Secretary to grant rights of way across Indian lands

  14. Section 185 - Rights-of-way for pipelines through Federal lands

    30 U.S.C. § 185   Cited 65 times   1 Legal Analyses
    Governing renewals of pre-existing pipeline rights-of-way "across Federal lands"

  15. Section 324 - Consent of certain tribes; consent of individual Indians

    25 U.S.C. § 324   Cited 32 times   1 Legal Analyses
    Limiting the BIA's ability to grant right-of-ways across Indian lands without the owner or tribe's permission