50 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 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' "
  2. Heckler v. Community Health Services

    467 U.S. 51 (1984)   Cited 1,276 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
  3. S.E.C. v. Tambone

    597 F.3d 436 (1st Cir. 2010)   Cited 530 times   7 Legal Analyses
    Reinstating portions of withdrawn panel opinion
  4. In re Sheehan

    253 F.3d 507 (9th Cir. 2001)   Cited 673 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
  5. Petrucelli v. Bohringer & Ratzinger

    46 F.3d 1298 (3d Cir. 1995)   Cited 833 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"
  6. Green v. Dorrell

    969 F.2d 915 (10th Cir. 1992)   Cited 844 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"
  7. McCurdy v. American Board of Plastic Surgery

    157 F.3d 191 (3d Cir. 1998)   Cited 311 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
  8. Allgeier v. U.S.

    909 F.2d 869 (6th Cir. 1990)   Cited 264 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"
  9. DiCesare v. Stuart

    12 F.3d 973 (10th Cir. 1993)   Cited 236 times
    Holding that even when a litigant appears pro se, he is "obligated to follow the requirements of Fed. R. Civ. P. 4"
  10. McMasters v. U.S.

    260 F.3d 814 (7th Cir. 2001)   Cited 174 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'"
  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 346,675 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. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,253 times   122 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
  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,073 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  14. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,091 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  15. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,343 times   5 Legal Analyses
    Granting tort immunity to federal agency employees
  16. Section 14.2 - Administrative claim; when presented

    28 C.F.R. § 14.2   Cited 1,197 times
    Setting forth the procedures for presenting a claim under the FTCA
  17. 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