§Why CasetextPricing

Bailey v. United States of America et al

MOTION to Dismiss Case , MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Pearson v. Callahan

    555 U.S. 223 (2009)   Cited 23,479 times   8 Legal Analyses
    Holding that, while there is still a two-pronged test, courts of appeals can use their discretion as to which prong to address first

  3. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 32,248 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  4. Hope v. Pelzer

    536 U.S. 730 (2002)   Cited 7,687 times   3 Legal Analyses
    Holding that "[t]he obvious cruelty inherent" in putting inmates in certain wantonly "degrading and dangerous" situations provides officers "with some notice that their alleged conduct violate" the Eighth Amendment

  5. McNeil v. United States

    508 U.S. 106 (1993)   Cited 7,053 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

  6. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,361 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  7. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,624 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  8. Adams v. Johnson

    355 F.3d 1179 (9th Cir. 2004)   Cited 1,007 times   1 Legal Analyses
    Holding that Bivens relief is unavailable against IRS auditors for conducting tax assessments and collections

  9. Flora v. United States

    362 U.S. 145 (1960)   Cited 669 times
    Holding that 28 U.S.C. § 1346 "requires full payment of the assessment before an income tax refund suit can be maintained in a Federal District Court"

  10. Jablon v. Dean Witter Co.

    614 F.2d 677 (9th Cir. 1980)   Cited 865 times
    Holding complaint may be dismissed on statute of limitations grounds where allegations therein, even when read with required liberality, would not permit plaintiff to prove statute was tolled

  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 361,853 times   961 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 73,616 times   129 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,154 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,641 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  15. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,658 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

  16. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,872 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

  17. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,315 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

  18. Section 6694 - Understatement of taxpayer's liability by tax return preparer

    26 U.S.C. § 6694   Cited 295 times   3 Legal Analyses
    Understating federal tax liability

  19. Section 12-543 - Oral debt; stated or open account; relief on ground of fraud or mistake; three year limitation

    Ariz. Rev. Stat. § 12-543   Cited 232 times
    Adopting discovery rule for fraud claims