25 Cited authorities

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

    511 U.S. 375 (1994)   Cited 18,905 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
  2. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,696 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  3. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 6,975 times   1 Legal Analyses
    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"
  4. Hafer v. Melo

    502 U.S. 21 (1991)   Cited 7,397 times   2 Legal Analyses
    Holding that state officials may be sued under § 1983 in their personal capacity for damages caused by actions taken by them in their official capacities
  5. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,620 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"
  6. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,323 times
    Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees
  7. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,223 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"
  8. McNutt v. Gen. Motors Acceptance Corp.

    298 U.S. 178 (1936)   Cited 5,355 times
    Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim
  9. Holt v. U.S.

    46 F.3d 1000 (10th Cir. 1995)   Cited 1,979 times
    Holding that, "[i]n reviewing a facial attack on the complaint [under Rule 12(b)(1)], a district court must accept the allegations in the complaint as true"
  10. United States v. Bormes

    568 U.S. 6 (2012)   Cited 226 times   2 Legal Analyses
    Holding that "[s]ince FCRA is a detailed remedial scheme, only its own text can determine whether the damages liability Congress crafted extends to the Federal Government."
  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 344,855 times   920 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 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,000 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  13. Section 1631 - Transfer to cure want of jurisdiction

    28 U.S.C. § 1631   Cited 7,638 times   16 Legal Analyses
    Granting courts authority to transfer action to court with proper jurisdiction
  14. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,634 times   64 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706
  15. Section 36.4345 - Delegation of authority

    38 C.F.R. § 36.4345

    (a) Except as hereinafter provided, each employee of the Department of Veterans Affairs heretofore or hereafter appointed to, or lawfully filling, any position designated in paragraph (b) of this section is hereby delegated authority, within the limitations and conditions prescribed by law, to exercise the powers and functions of the Secretary with respect to the guaranty or insurance of loans and the rights and liabilities arising therefrom, including but not limited to the adjudication and allowance