§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 260,930 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 274,322 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. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,751 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 1,692 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 403 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 1,173 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 712 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 334 times
    Finding that a claim was "made" when plaintiff filed suit

  9. Parker v. Hurley

    514 F.3d 87 (1st Cir. 2008)   Cited 244 times
    Finding no cognizable burden from the lack of notice or the opportunity to opt out from children's "exposure to books" that espouse views contrary to their religious faith when there was no evidence the school required "student [to] agree with or affirm those ideas, or even participate in discussions about them"

  10. Diaz-Fonseca v. Puerto Rico

    451 F.3d 13 (1st Cir. 2006)   Cited 253 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"

  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 355,101 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 160,697 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 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 63,605 times   79 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 6,117 times
    Granting states immunity from cases "against one of the United States"