§Why CasetextPricing

Carrier v. Mcdonald

MOTION to Dismiss for Lack of Jurisdiction

58 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,874 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"

  4. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,628 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"

  5. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,332 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

  6. Bass v. E.I. Dupont de Nemours & Co.

    324 F.3d 761 (4th Cir. 2003)   Cited 2,292 times   1 Legal Analyses
    Holding that conclusory allegations that the employer discriminated against the plaintiff "because of her race and sex" were not sufficient to allege a claim when the facts of the complaint did not support the conclusory allegation

  7. United States v. Fausto

    484 U.S. 439 (1988)   Cited 745 times   1 Legal Analyses
    Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act

  8. Richmond, Fredericksburg Potomac R. v. U.S.

    945 F.2d 765 (4th Cir. 1991)   Cited 2,410 times
    Holding that the limitations period started when the plaintiff first learned of the disputed covenant, not when the government later attempted to enforce that covenant for the first time

  9. Evans v. B.F. Perkins Company

    166 F.3d 642 (4th Cir. 1999)   Cited 1,676 times
    Holding that when a defendant challenges subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b), the court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment

  10. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 3,399 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States

  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 346,412 times   923 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   134 Legal Analyses
    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."

  13. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,901 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,056 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 1985 - Conspiracy to interfere with civil rights

    42 U.S.C. § 1985   Cited 19,853 times   10 Legal Analyses
    Concerning conspiracies to obstruct justice or intimidate a party, witness, or juror

  16. Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit

    28 U.S.C. § 1295   Cited 8,313 times   92 Legal Analyses
    Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals

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

    28 U.S.C. § 1491   Cited 4,639 times   64 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706

  18. Section 7703 - Judicial review of decisions of the Merit Systems Protection Board

    5 U.S.C. § 7703   Cited 3,636 times   5 Legal Analyses
    Granting sixty days to appeal a decision of the MSPB

  19. Section 2302 - Prohibited personnel practices

    5 U.S.C. § 2302   Cited 1,489 times   20 Legal Analyses
    Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"

  20. Section 633a - Nondiscrimination on account of age in Federal Government employment

    29 U.S.C. § 633a   Cited 1,269 times   18 Legal Analyses
    Extending antidiscrimination provisions to federal employees, but providing such employees a different remedy for violations