19 Cited authorities

Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 18,979 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
McNeil v. United States
508 U.S. 106 (1993) Cited 6,699 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,501 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Osborn v. U.S.
918 F.2d 724 (8th Cir. 1990) Cited 1,597 times 2 Legal Analyses
Holding that an injured child's FTCA claim could not have accrued when the child's doctors "had not yet reached a conclusion" as to the cause of the child's injury
Bellecourt v. U.S.
994 F.2d 427 (8th Cir. 1993) Cited 192 times
Holding that waiver of FTCA sovereign immunity is conditioned upon strict compliance with exhaustion requirement
Carney v. Houston
33 F.3d 893 (8th Cir. 1994) Cited 134 times
Determining whether a complaint is frivolous or malicious precedes decision whether to grant in forma pauperis status and whether to order issuance and service of process
Sanchez v. U.S.
49 F.3d 1329 (8th Cir. 1995) Cited 76 times
Holding that Bivens actions governed by same statute of limitations as 42 U.S.C. § 1983 actions; limitations period for § 1983 actions is same as personal injury actions in state in which claim accrues
Manko v. U.S.
830 F.2d 831 (8th Cir. 1987) Cited 75 times
Holding that Medicare program was a collateral source under Missouri law, and therefore damages should not be reduced by the amount of Medicare Part A or Part B benefits, because plaintiff paid Social Security taxes while he was employed and Medicare premiums were withheld from his Social Security retirement benefits
Sanders v. United States
760 F.2d 869 (8th Cir. 1985) Cited 72 times
Holding that "even if the transfer [of an inmate from Kentucky to Missouri] was sufficient to establish minimum contacts" between the Kentucky corrections officials and the State of Missouri, "the plaintiff's cause of action [asserting denial of medical treatment] did not arise from the act"
Rucker v. United States Dept. of Labor
798 F.2d 891 (6th Cir. 1986) Cited 68 times
Finding that even identification of the plaintiff as decedent's wife on S–95 form did not give notice to fulfill the FTCA's requirement for filing an administrative claim for loss of consortium
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
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,035 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,030 times 17 Legal Analyses
Permitting the use of declarations instead
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,074 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 2679 - Exclusiveness of remedy
28 U.S.C. § 2679 Cited 5,332 times 5 Legal Analyses
Granting tort immunity to federal agency employees
Section 15.3 - Agency report
28 C.F.R. § 15.3 Cited 209 times
Delegating Attorney General's certification authority to the United States Attorney

Big Crow v. Stanley

19 Cited authorities

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that an injured child's FTCA claim could not have accrued when the child's doctors "had not yet reached a conclusion" as to the cause of the child's injury

Holding that waiver of FTCA sovereign immunity is conditioned upon strict compliance with exhaustion requirement

Determining whether a complaint is frivolous or malicious precedes decision whether to grant in forma pauperis status and whether to order issuance and service of process

Holding that Bivens actions governed by same statute of limitations as 42 U.S.C. § 1983 actions; limitations period for § 1983 actions is same as personal injury actions in state in which claim accrues

Holding that "even if the transfer [of an inmate from Kentucky to Missouri] was sufficient to establish minimum contacts" between the Kentucky corrections officials and the State of Missouri, "the plaintiff's cause of action [asserting denial of medical treatment] did not arise from the act"

Finding that even identification of the plaintiff as decedent's wife on S–95 form did not give notice to fulfill the FTCA's requirement for filing an administrative claim for loss of consortium

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

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

Permitting the use of declarations instead

Setting forth FTCA's administrative exhaustion requirement

Granting tort immunity to federal agency employees

Delegating Attorney General's certification authority to the United States Attorney