50 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 times 367 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' "
Heckler v. Community Health Services
467 U.S. 51 (1984) Cited 1,280 times 2 Legal Analyses
Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations
S.E.C. v. Tambone
597 F.3d 436 (1st Cir. 2010) Cited 537 times 7 Legal Analyses
Reinstating portions of withdrawn panel opinion
In re Sheehan
253 F.3d 507 (9th Cir. 2001) Cited 683 times
Holding that service of process is "one of the most fundamental acts to commence an action" and therefore failure to do so does not rise to the level of excusable neglect
Petrucelli v. Bohringer & Ratzinger
46 F.3d 1298 (3d Cir. 1995) Cited 845 times
Holding "a district court may not consider the fact that the statute of limitation has run until after [the court] has conducted an examination of good cause"
Green v. Dorrell
969 F.2d 915 (10th Cir. 1992) Cited 850 times
Holding that dismissal was the appropriate sanction, in part because "[t]he added delay caused by [plaintiff's] failure to respond to [defendants'] motion to dismiss disfavored [defendants] because the memory and availability of witnesses diminishes with time"
McCurdy v. American Board of Plastic Surgery
157 F.3d 191 (3d Cir. 1998) Cited 313 times
Holding that the district court properly dismissed an action for untimely service when plaintiff sought an extension of time to serve only after defendant moved to dismiss
Allgeier v. U.S.
909 F.2d 869 (6th Cir. 1990) Cited 265 times
Holding that interpreting the statute to require a sum certain "is consistent with the principle that the Federal Tort Claims Act, as a statute waiving sovereign immunity, must be complied with strictly"
DiCesare v. Stuart
12 F.3d 973 (10th Cir. 1993) Cited 237 times
Holding that even when a litigant appears pro se, he is "obligated to follow the requirements of Fed. R. Civ. P. 4"
McMasters v. U.S.
260 F.3d 814 (7th Cir. 2001) Cited 176 times
Holding that, with respect to cases transferred under 28 U.S.C. § 1404, "the transferee court is usually 'free to decide [federal issues] in the manner it views as correct without deferring to the interpretation of the transferor circuit'"
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,222 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,154 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 2679 - Exclusiveness of remedy
28 U.S.C. § 2679 Cited 5,386 times 5 Legal Analyses
Granting tort immunity to federal agency employees
Section 14.2 - Administrative claim; when presented
28 C.F.R. § 14.2 Cited 1,210 times
Setting forth the procedures for presenting a claim under the FTCA
Section 14.4 - Administrative claims; evidence and information to be submitted
28 C.F.R. § 14.4 Cited 55 times
Describing the information to be submitted in administrative claims under FTCA

Cruz-Vazquez et al v. United States Government

50 Cited authorities

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' "

Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations

Reinstating portions of withdrawn panel opinion

Holding that service of process is "one of the most fundamental acts to commence an action" and therefore failure to do so does not rise to the level of excusable neglect

Holding "a district court may not consider the fact that the statute of limitation has run until after [the court] has conducted an examination of good cause"

Holding that dismissal was the appropriate sanction, in part because "[t]he added delay caused by [plaintiff's] failure to respond to [defendants'] motion to dismiss disfavored [defendants] because the memory and availability of witnesses diminishes with time"

Holding that the district court properly dismissed an action for untimely service when plaintiff sought an extension of time to serve only after defendant moved to dismiss

Holding that interpreting the statute to require a sum certain "is consistent with the principle that the Federal Tort Claims Act, as a statute waiving sovereign immunity, must be complied with strictly"

Holding that even when a litigant appears pro se, he is "obligated to follow the requirements of Fed. R. Civ. P. 4"

Holding that, with respect to cases transferred under 28 U.S.C. § 1404, "the transferee court is usually 'free to decide [federal issues] in the manner it views as correct without deferring to the interpretation of the transferor circuit'"

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

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

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

Setting forth FTCA's administrative exhaustion requirement

Granting tort immunity to federal agency employees

Setting forth the procedures for presenting a claim under the FTCA

Describing the information to be submitted in administrative claims under FTCA