§Why CasetextPricing

Williams v. Perez et al

MOTION to Dismiss for Lack of Jurisdiction

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 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

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

    511 U.S. 375 (1994)   Cited 19,649 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. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,126 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,906 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

  6. 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"

  7. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,677 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  8. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,369 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  9. Department of Army v. Blue Fox, Inc.

    525 U.S. 255 (1999)   Cited 605 times   2 Legal Analyses
    Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

  10. White v. Lee

    227 F.3d 1214 (9th Cir. 2000)   Cited 2,136 times   1 Legal Analyses
    Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”

  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 354,229 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,129 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  14. Section 794 - Nondiscrimination under Federal grants and programs

    29 U.S.C. § 794   Cited 12,518 times   29 Legal Analyses
    Adopting ADA standards for Rehabilitation Act claims

  15. Section 3613 - Enforcement by private persons

    42 U.S.C. § 3613   Cited 1,566 times   6 Legal Analyses
    Granting right to sue in state or federal court