38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,029 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,939 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. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,670 times   91 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
  4. Hebbe v. Pliler

    611 F.3d 1202 (9th Cir. 2010)   Cited 8,100 times
    Holding pro se complaints should be liberally construed
  5. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,648 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
  6. Block v. North Dakota

    461 U.S. 273 (1983)   Cited 1,014 times   1 Legal Analyses
    Holding that “Congress intended the QTA to provide the exclusive means by which adverse claimants could challenge the United States' title to real property”
  7. Wilson v. Hewlett–Packard Co.

    668 F.3d 1136 (9th Cir. 2012)   Cited 847 times   5 Legal Analyses
    Holding that where a defendant has not made an affirmative misrepresentation, a plaintiff must allege the existence of an unreasonable safety hazard and a causal connection between the defect and the hazard
  8. McCarthy v. U.S.

    850 F.2d 558 (9th Cir. 1988)   Cited 1,190 times
    Holding that a court "may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction"
  9. Kingman Reef Atoll v. U.S.

    541 F.3d 1189 (9th Cir. 2008)   Cited 304 times
    Holding that whether subject matter jurisdiction exists is reviewed de novo
  10. Eccles v. Peoples Bank

    333 U.S. 426 (1948)   Cited 524 times
    Concluding that a grievance that is "too remote and insubstantial" or "too speculative in nature" does not justify an injunction or declaratory relief
  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 363,942 times   963 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 165,126 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 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,211 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,729 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 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,380 times   92 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"
  16. Section 2409a - Real property quiet title actions

    28 U.S.C. § 2409a   Cited 911 times   2 Legal Analyses
    Authorizing action "to adjudicate a disputed title to real property in which the United States claims an interest"
  17. Section 668dd - National Wildlife Refuge System

    16 U.S.C. § 668dd   Cited 149 times   1 Legal Analyses
    Directing the Service to administer federal refuges
  18. Section 12.050 - Action to recover real property

    ORS § 12.050   Cited 81 times
    Setting forth a 10-year period
  19. Section 715d - Purchase or rental of approved areas or interests therein; gifts and devises; United States lands

    16 U.S.C. § 715d   Cited 7 times

    The Secretary of the Interior may- (1) purchase or rent such areas or interests therein as have been approved for purchase or rental by the Commission at the price or prices fixed by the Commission; and (2) acquire, by gift or devise, any area or interests therein; which he determines to be suitable for use as an inviolate sanctuary, or for any other management purpose, for migratory birds. The Secretary may pay, when deemed necessary by him and from moneys authorized to be appropriated for the purposes

  20. Section 742f - Powers of Secretaries of the Interior and Commerce

    16 U.S.C. § 742f   Cited 6 times
    Authorizing the Secretary to take steps "for the development, advancement, management, conservation and protection of fish and wildlife resources including . . . acquisition by purchase or exchange of land and water, or interest therein"