§Why CasetextPricing

Rivera-Astacio et al v. Commonwealth of Puerto Rico et al

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

33 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. 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"

  4. Idaho v. Coeur D'Alene Tribe of Idaho

    521 U.S. 261 (1997)   Cited 1,715 times   1 Legal Analyses
    Holding that, because "navigable waters uniquely implicate sovereign interests," there exists a "strong presumption of state ownership" of these waters

  5. Raygor v. Regents of University of Minnesota

    534 U.S. 533 (2002)   Cited 404 times   1 Legal Analyses
    Holding the Eleventh Amendment bars actions in federal court even where 28 U.S.C. § 1367, in general, authorizes supplemental jurisdiction

  6. Blanciak v. Allegheny Ludlum Corp.

    77 F.3d 690 (3d Cir. 1996)   Cited 1,196 times
    Finding a claim for declaratory and injunctive relief moot where there was "no hint in the record of any present or imminent future harm from the [defendant's] alleged conduct"

  7. Valentin v. Hospital Bella Vista

    254 F.3d 358 (1st Cir. 2001)   Cited 726 times
    Holding that an appeal of a Rule 12(b) ruling that resolves a factual challenge must be reviewed with a deferential "clearly-erroneous" standard

  8. Gargano v. Liberty Intern. Underwriters

    572 F.3d 45 (1st Cir. 2009)   Cited 339 times
    Finding that a claim was "made" when plaintiff filed suit

  9. Diaz-Fonseca v. Puerto Rico

    451 F.3d 13 (1st Cir. 2006)   Cited 259 times
    Holding that the Commonwealth of Puerto Rico does "not have Eleventh Amendment immunity against the federal IDEA and Rehabilitation Act claims, because they waived such immunity by accepting federal funds"

  10. Merlonghi v. U.S.

    620 F.3d 50 (1st Cir. 2010)   Cited 229 times
    Considering a motion to dismiss pursuant to Rule 12(b)

  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 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"