32 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,848 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 20,243 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,323 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"
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,955 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Lane v. Pena
518 U.S. 187 (1996) Cited 1,939 times
Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,514 times 5 Legal Analyses
Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
United States v. Orleans
425 U.S. 807 (1976) Cited 1,273 times 1 Legal Analyses
Holding that a community action agency did not act as a federal agent or instrumentality for purposes of the FTCA even though the agency was organized under federal regulations and was heavily funded by the federal government
Cook, Perkiss Liehe v. N.C. Collection Serv
911 F.2d 242 (9th Cir. 1990) Cited 2,302 times 2 Legal Analyses
Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"
Western Min. Council v. Watt
643 F.2d 618 (9th Cir. 1981) Cited 2,950 times
Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"
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 361,487 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,621 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,652 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 7.70.040 - Necessary elements of proof that injury resulted from failure to follow accepted standard of care-COVID-19 pandemic
Wash. Rev. Code § 7.70.040 Cited 244 times
Defining the standard of care as "that degree of care, skill, and learning expected of a reasonably prudent health care provider . . . acting in the same or similar circumstances"
Section 7.70.030 - Propositions required to be established-Burden of proof
Wash. Rev. Code § 7.70.030 Cited 116 times
Stating that for a plaintiff seeking damages for injury as the result of health care may prevail by establishing that the "injury resulted from the failure of a health care provider to follow the accepted standard of care"

Brotherton v. United States

32 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

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 "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 the court lacked jurisdiction over the district court's deferral of the summary judgment motion

Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

Holding that a community action agency did not act as a federal agent or instrumentality for purposes of the FTCA even though the agency was organized under federal regulations and was heavily funded by the federal government

Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

Defining the standard of care as "that degree of care, skill, and learning expected of a reasonably prudent health care provider . . . acting in the same or similar circumstances"

Stating that for a plaintiff seeking damages for injury as the result of health care may prevail by establishing that the "injury resulted from the failure of a health care provider to follow the accepted standard of care"