Fed. Deposit Ins. v. Meyer

Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

Makarova v. U.S.

Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

International Audiotext Network, Inc. v. AT&T

Holding that if a complaint "relies heavily upon [a contract's] terms and effect" the contract may be considered at the 12(b) stage even if the contract is not incorporated in or attached to the complaint

Shipping Financial Services Corp. v. Drakos

Holding that in considering a 12(b) motion to dismiss for want of subject matter jurisdiction, a court must assume as true factual allegations in the complaint

Celestine v. Mount Vernon Health Center

Holding that 42 U.S.C. § 233(c) provides an independent basis for removal under such circumstances

Desiderio v. Nat'l Ass'n of Securities Dealers

Holding arbitration clause in form contract on which employment was conditioned not unconscionable contract of adhesion because it bound both parties

San Juan County v. U.S.

Holding "that parties seeking to intervene under Rule 24 or (b) need not establish Article III standing ‘so long as another party with constitutional standing on the same side as the intervenor remains in the case’ "

Johnson v. The Smithsonian Inst.

Holding that before filing an action in federal court, a plaintiff must comply with the FTCA's procedural requirements

Mack v. U.S.

Holding that "a party's affidavit which contradicts his own prior deposition testimony should be disregarded on a motion for summary judgment"

Black v. U.S.

Holding that § 2410 did not waive sovereign immunity when the government exercised a right of setoff against a taxpayer's money judgement which was in the hands of the IRS

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Section 1331 - Federal question

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."

Section 1367 - Supplemental jurisdiction

Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

Section 1346 - United States as defendant

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Rule 25 - Substitution of Parties

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

Section 2675 - Disposition by federal agency as prerequisite; evidence

Setting forth FTCA's administrative exhaustion requirement

Section 702 - Right of review

Granting judicial review of "agency action"

Section 2401 - Time for commencing action against United States

Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

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

Adopting the standard in 5 U.S.C. § 706

Section 1701 - Short title