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Tonkawa Tribe of Indians v. Salazar et al

RESPONSE in Opposition re MOTION to Dismiss

123 Cited authorities

  1. 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

  2. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,662 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  3. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,518 times   7 Legal Analyses
    Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

  4. 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"

  5. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,150 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  6. Great-West Life Annuity Ins. Co. v. Knudson

    534 U.S. 204 (2002)   Cited 1,705 times   37 Legal Analyses
    Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"

  7. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,540 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  8. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,676 times   2 Legal Analyses
    Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"

  9. Amoco Production Co. v. Gambell

    480 U.S. 531 (1987)   Cited 2,121 times   1 Legal Analyses
    Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute

  10. Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc.

    527 U.S. 308 (1999)   Cited 799 times   4 Legal Analyses
    Holding that preliminary injunctive relief freezing defendants' assets was not warranted because injunctive relief was historically unavailable where plaintiff sought only money damages for breach of contract

  11. 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. . . ."

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 113,606 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 99,236 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,500 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,761 times   227 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  16. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,166 times   31 Legal Analyses
    Granting judicial review of "agency action"

  17. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,708 times   4 Legal Analyses
    Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

  18. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,677 times   68 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706

  19. Section 2501 - Time for filing suit

    28 U.S.C. § 2501   Cited 835 times   4 Legal Analyses
    Determining the statute of limitations for filing an action in the United States Court of Federal Claims

  20. Section 1500 - Pendency of claims in other courts

    28 U.S.C. § 1500   Cited 244 times
    Denying Court of Federal Claims jurisdiction over "any claim . . . pending in any other court"

  21. Section 150.1 - What is the purpose of this part?

    25 C.F.R. § 150.1   Cited 2 times
    Regulating the recording, certification, and use of title documents on tribal lands