§Why CasetextPricing

Sula v. Rowan University

MOTION to Dismiss for Lack of Jurisdiction pursuant to Fed.R.Civ.P. 12

36 Cited authorities

  1. 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"

  2. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,082 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

  3. Mt. Healthy City Board of Ed. v. Doyle

    429 U.S. 274 (1977)   Cited 8,984 times   6 Legal Analyses
    Holding if a plaintiff can show a prima facie case of First Amendment retaliation, the district court should go on to determine whether the defendant has shown "by a preponderance of the evidence that it would have reached the same decision ... even in the absence of the protected conduct"

  4. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,122 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

  5. College Savings Bank v. Florida Prepaid Postsecondary Education Expense Board

    527 U.S. 666 (1999)   Cited 1,662 times   13 Legal Analyses
    Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

  6. Raygor v. Regents of University of Minnesota

    534 U.S. 533 (2002)   Cited 393 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

  7. Davis v. Fargo

    824 F.3d 333 (3d Cir. 2016)   Cited 825 times
    Holding appellant's claims were barred by claim preclusion because he “was well aware of all of the operative facts prior to” filing his amended complaint

  8. Taliaferro v. Darby Tp. Zoning Bd.

    458 F.3d 181 (3d Cir. 2006)   Cited 550 times
    Holding homeowners lacked standing to assert generalized challenge to local zoning ordinance

  9. Bowers v. National

    475 F.3d 524 (3d Cir. 2007)   Cited 521 times   1 Legal Analyses
    Holding that Bowers stated a claim under Title II

  10. Benn v. First Judicial District of Pennsylvania

    426 F.3d 233 (3d Cir. 2005)   Cited 490 times   1 Legal Analyses
    Holding that all components of unified state judicial system are entitled to Eleventh Amendment immunity

  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 345,982 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 78 - Hearing Motions; Submission on Briefs

    Fed. R. Civ. P. 78   Cited 22,294 times
    Providing that court may decide motions on written statements of reasons in support and opposition to expedite business

  13. Section 2612 - Leave requirement

    29 U.S.C. § 2612   Cited 4,946 times   39 Legal Analyses
    Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

  14. Section 10:5-1 - Short title

    N.J. Stat. § 10:5-1   Cited 2,520 times   45 Legal Analyses

    This act shall be known as "Law Against Discrimination." N.J.S. § 10:5-1 L.1945, c.169, p.589, s.1, eff. 4/16/1945.

  15. Section 52:14B-1 - Short title

    N.J. Stat. § 52:14B-1   Cited 611 times   8 Legal Analyses

    This act shall be known and may be cited as the "Administrative Procedure Act." N.J.S. § 52:14B-1 L.1968, c.410, s.1, eff. 9/1/1969.

  16. Section 59:1-3 - Definitions

    N.J. Stat. § 59:1-3   Cited 216 times   1 Legal Analyses
    Recognizing that "public entity" includes the State and any county, municipality and public authority in the State

  17. Section 18A:64-1 - Decentralization of authority

    N.J. Stat. § 18A:64-1   Cited 21 times

    The Legislature hereby finds that it is in the best interest of the State that the State colleges shall be and continue to be given a high degree of self-government and that the government and conduct of the colleges shall be free of partisanship. The Legislature finds further that a decentralization of authority and decision-making to the boards of trustees and administrators of the State colleges will enhance the idea of self-government. Such colleges shall be maintained for the purpose of providing

  18. Section 18A:3B-6 - Powers, duties of governing boards of institutions of higher education

    N.J. Stat. § 18A:3B-6   Cited 13 times
    Referring to state colleges as "State entities"

  19. Section 18A:64-3 - Board of trustees

    N.J. Stat. § 18A:64-3   Cited 8 times

    The composition and size of the board of trustees shall be determined by the board; however, each board shall have not less than seven nor more than 15 members. The members shall be appointed by the Governor with the advice and consent of the Senate. Each board of trustees shall recommend potential new members to the Governor. The terms of office of appointed members shall be for six years beginning on July 1 and ending on June 30. Each member shall serve until his successor shall have been appointed

  20. Section 18A:3B-34 - Powers of Secretary of Higher Education

    N.J. Stat. § 18A:3B-34   Cited 4 times

    a. The Secretary of Higher Education, with the concurrence of the Governor, shall have authority to visit public institutions of higher education to examine their manner of conducting their affairs and to enforce an observance of the laws of the State. b. The secretary, with the concurrence of the Governor, may administer oaths and examine witnesses under oath in any part of the State with regard to any matter pertaining to higher education, and may cause the examination to be reduced to writing