§Why CasetextPricing

Costello v. U.S. Department of Education

MOTION to Dismiss for Lack of Jurisdiction and failure to state a claim

17 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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

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

    511 U.S. 375 (1994)   Cited 19,913 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

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,174 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. United States v. Nordic Village, Inc.

    503 U.S. 30 (1992)   Cited 1,810 times   3 Legal Analyses
    Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

  6. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,394 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. United States v. Dalm

    494 U.S. 596 (1990)   Cited 1,051 times
    Holding that 26 U.S.C. § 6511, which, when read with 26 U.S.C. § 7422, includes “may not be maintained” language, is jurisdictional

  8. Holt v. U.S.

    46 F.3d 1000 (10th Cir. 1995)   Cited 2,019 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"

  9. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 3,464 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States

  10. Sanders v. Mountain Am. Fed. Credit Union

    689 F.3d 1138 (10th Cir. 2012)   Cited 181 times   3 Legal Analyses
    Holding that "the borrower cannot satisfy its rescission obligations by simply surrendering the property purchased with the loan proceeds regardless of whether doing it will restore the creditor to the status quo ante"

  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 357,835 times   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,968 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators

  14. Section 1681s - Administrative enforcement

    15 U.S.C. § 1681s   Cited 300 times   5 Legal Analyses
    Stating that FCRA violations "shall be subject to enforcement by the Federal Trade Commission under section 5(b) of the Federal Trade Commission Act"