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Wilson v. State of New Jersey et al

First MOTION to Dismiss for Lack of Jurisdiction

22 Cited authorities

  1. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,546 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. Alden v. Maine

    527 U.S. 706 (1999)   Cited 2,323 times   16 Legal Analyses
    Holding that sovereign immunity prohibits a private citizen from suing a State in state court

  3. Coleman v. Court of Appeals of Maryland

    566 U.S. 30 (2012)   Cited 1,264 times   4 Legal Analyses
    Holding that there was an insufficient nexus "between self-care leave and gender discrimination by state employers" to validly abrogate state sovereign immunity

  4. Nevada Dept. of Human Resources v. Hibbs

    538 U.S. 721 (2003)   Cited 664 times   9 Legal Analyses
    Holding FMLA family leave provision validly abrogated state sovereign immunity: "pervasive sex-role stereotype that caring for family members is women’s work," in turn "foster[ing] employers’ stereotypical views about women’s commitment to work and their value as employees"

  5. Gould Elecs. Inc. v. U.S.

    220 F.3d 169 (3d Cir. 2000)   Cited 2,643 times   1 Legal Analyses
    Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

  6. Mortensen v. First Federal Sav. and Loan Ass'n

    549 F.2d 884 (3d Cir. 1977)   Cited 3,795 times   1 Legal Analyses
    Holding that dismissal under Rule 12(b) would be “unusual” when the facts necessary to succeed on the merits are at least in part the same as must be alleged or proven to withstand jurisdictional attacks

  7. Kehr Packages, Inc. v. Fidelcor, Inc.

    926 F.2d 1406 (3d Cir. 1991)   Cited 1,992 times
    Holding that the RlCO-continuity analysis of an allegedly fraudulent scheme must focus on "the instances of deceit constituting the underlying fraudulent scheme"

  8. Blanciak v. Allegheny Ludlum Corp.

    77 F.3d 690 (3d Cir. 1996)   Cited 1,147 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"

  9. Chisolm v. McManimon

    275 F.3d 315 (3d Cir. 2001)   Cited 252 times
    Holding that a reasonable trier of fact could infer that a deaf inmate whose primary form of communication was American Sign Language required an assistant trained in American Sign Language at critical points

  10. Allen v. Fauver

    167 N.J. 69 (N.J. 2001)   Cited 40 times   2 Legal Analyses
    Holding that a waiver of governmental immunity must be clearly expressed in a statute

  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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 2601 - Findings and purposes

    29 U.S.C. § 2601   Cited 7,665 times   39 Legal Analyses
    Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

  13. Section 2615 - Prohibited acts

    29 U.S.C. § 2615   Cited 5,109 times   23 Legal Analyses
    Granting prescriptive rights

  14. Section 2612 - Leave requirement

    29 U.S.C. § 2612   Cited 4,959 times   39 Legal Analyses
    Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

  15. Section 2611 - Definitions

    29 U.S.C. § 2611   Cited 2,898 times   48 Legal Analyses
    Defining a "serious health condition"-a prerequisite for FMLA eligibility, see 29 U.S.C. § 2612(D)-as one requiring either inpatient hospital care or "continuing treatment by a health care provider"

  16. Section 10:5-1 - Short title

    N.J. Stat. § 10:5-1   Cited 2,533 times   46 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.

  17. Section 2617 - Enforcement

    29 U.S.C. § 2617   Cited 2,185 times   11 Legal Analyses
    Providing a right of action to employees

  18. Section 34:11-56.1 - [Effective Until 7/1/2024] Definitions

    N.J. Stat. § 34:11-56.1   Cited 17 times   1 Legal Analyses

    As used in this act: a. "Employee" includes any person, either male or female, employed by an employer, but shall not include persons performing volunteer service for nonprofit organizations or corporations nor persons employed on a farm, or in domestic service in a private home, or in a hotel. b. "Employer" includes any person acting directly or indirectly in the interest, or as agent, of an employer in relation to an employee and further includes one or more individuals, partnerships, corporations

  19. Section 30:1B-2 - Department of corrections; establishment; department defined

    N.J. Stat. § 30:1B-2   Cited 7 times
    Establishing "in the Executive Branch of the State Government a principal department which shall be known as the Department of Corrections"