§Why CasetextPricing

Wilson v. State of New Jersey et al

MOTION to Dismiss for Lack of Jurisdiction

21 Cited authorities

  1. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,127 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  2. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,437 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"

  3. Lapides v. Board of Regents of University System

    535 U.S. 613 (2002)   Cited 2,186 times   6 Legal Analyses
    Holding that a state that joins in the removal of state-law claims to federal court waives its Eleventh Amendment immunity on those causes of action

  4. Edelman v. Jordan

    415 U.S. 651 (1974)   Cited 8,120 times   1 Legal Analyses
    Holding that waiver may be found in "express language" or by "overwhelming implications from the text"

  5. Alden v. Maine

    527 U.S. 706 (1999)   Cited 2,309 times   15 Legal Analyses
    Holding that sovereign immunity prohibits a private citizen from suing a State in state court

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

    527 U.S. 666 (1999)   Cited 1,661 times   13 Legal Analyses
    Holding there is no fundamental property right in "the activity of doing business, or the activity of making a profit"

  7. Atascadero State Hospital v. Scanlon

    473 U.S. 234 (1985)   Cited 2,003 times
    Holding that a state's consent to suit in state court does not waive a state's immunity to suit in federal court

  8. Gould Elecs. Inc. v. U.S.

    220 F.3d 169 (3d Cir. 2000)   Cited 2,638 times   1 Legal Analyses
    Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

  9. 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

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

    549 F.2d 884 (3d Cir. 1977)   Cited 3,775 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

  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 345,805 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. Section 201 - Short title

    29 U.S.C. § 201   Cited 20,915 times   102 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  13. Section 34:11B-11 - Suits, complaints, permitted; punitive damages

    N.J. Stat. § 34:11B-11   Cited 10 times
    Allowing compensatory and punitive damages