§Why CasetextPricing

Perkins, et al v. United States of America

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,800 times
    Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

  5. Chapman v. Houston Welfare Rights Organization

    441 U.S. 600 (1979)   Cited 1,860 times
    Holding that the Supremacy Clause "is not a source of any federal rights" falling under 28 U.S.C. § 1343, the jurisdictional counterpart to § 1983

  6. Moe v. Confederated Salish & Kootenai Tribes of the Flathead Reservation

    425 U.S. 463 (1976)   Cited 507 times   2 Legal Analyses
    Holding that the Indian tribes exception extends to claims challenging state tax laws

  7. Litwin v. Blackstone Group, L.P.

    634 F.3d 706 (2d Cir. 2011)   Cited 309 times   4 Legal Analyses
    Holding that courts must analyze all relevant qualitative and quantitative factors in assessing materiality

  8. Rosebud Sioux Tribe v. Kneip

    430 U.S. 584 (1977)   Cited 169 times
    Holding that a 1904 act of Congress did not modify a 1901 Indian agreement, despite a suggestive minor change in language

  9. F.P.C. v. Tuscarora Indian Nation

    362 U.S. 99 (1960)   Cited 201 times   7 Legal Analyses
    Holding that tribal lands were subject to takings by the Federal Power Commission

  10. Squire v. Capoeman

    351 U.S. 1 (1956)   Cited 184 times
    Holding that the proceeds of sale of timber on trust land is tax exempt

  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 354,229 times   943 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 6402 - Authority to make credits or refunds

    26 U.S.C. § 6402   Cited 754 times   6 Legal Analyses
    Granting the Secretary authority to credit an overpayment to any tax liability

  14. Section 339 - Tribes excepted from certain provisions

    25 U.S.C. § 339   Cited 21 times

    The provisions of this act shall not extend to the territory occupied by the Cherokees, Creeks, Choctaws, Chickasaws, Seminoles, and Osage, Miamies and Peorias, and Sacs and Foxes, in Oklahoma, nor to any of the reservations of the Seneca Nation of New York Indians in the State of New York, nor to that strip of territory in the State of Nebraska adjoining the Sioux Nation on the south added by Executive order. 25 U.S.C. § 339 Feb. 8, 1887, ch. 119, §8, 24 Stat. 391. EDITORIAL NOTES REFERENCES IN