§Why CasetextPricing

Rhea v. West TN Violent Crime & Drug Task Force, et al

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

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

    511 U.S. 375 (1994)   Cited 20,346 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

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

    523 U.S. 83 (1998)   Cited 11,301 times   15 Legal Analyses
    Holding that the federal courts lacked jurisdiction because "none of the relief sought by respondent would likely remedy its alleged injury in fact"

  5. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 14,001 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"

  6. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,382 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"

  7. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,221 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

  8. Alden v. Maine

    527 U.S. 706 (1999)   Cited 2,394 times   16 Legal Analyses
    Holding that sovereign immunity prohibits a private citizen from suing a State in state court

  9. Virginia Office for Protection v. Stewart

    563 U.S. 247 (2011)   Cited 1,409 times
    Finding that the Eleventh Amendment bars damages actions asserted against a State "absent waiver or valid abrogation" of the State's sovereign immunity

  10. Regents of Univ. of Cal. v. Doe

    519 U.S. 425 (1997)   Cited 1,671 times   5 Legal Analyses
    Holding that a state university was entitled to Eleventh Amendment immunity despite the fact that the federal government had agreed to fully indemnify the university against the cost of litigation, including adverse judgments

  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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 65,142 times   81 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,173 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  15. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,542 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  16. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,955 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  17. Section 203 - Definitions

    29 U.S.C. § 203   Cited 7,036 times   281 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  18. Section Amendment XI - Suits Against States

    U.S. Const. amend. XI   Cited 6,257 times
    Granting states immunity from cases "against one of the United States"

  19. Section 211 - Collection of data

    29 U.S.C. § 211   Cited 1,359 times   6 Legal Analyses
    Providing that employers must "make, keep, and preserve" records of employees' hours

  20. Section 202 - Congressional finding and declaration of policy

    29 U.S.C. § 202   Cited 1,144 times   5 Legal Analyses
    Finding that domestic service employees affect commerce