21 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,776 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' "
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,218 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
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,587 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
Stock West, Inc. v. Confederated Tribes
873 F.2d 1221 (9th Cir. 1989) Cited 1,362 times
Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"
Hicks v. Small
69 F.3d 967 (9th Cir. 1995) Cited 133 times
Holding that district courts lack jurisdiction to hear challenges to benefits determinations, even if those challenges are framed as tort law claims
Dyniewicz v. United States
742 F.2d 484 (9th Cir. 1984) Cited 139 times
Holding that § 2401(b) imposes both a two-year and six-month limitations requirement, each of which must be satisfied
Snow-Erlin v. U.S.
470 F.3d 804 (9th Cir. 2006) Cited 70 times
Holding claim that the plaintiff-decedent's release date was negligently calculated, leaving him in prison almost a year beyond when he should have been released, was barred by Section 2680(h)
McMillan v. Department of Interior
907 F. Supp. 322 (D. Nev. 1995) Cited 62 times
Holding there is no provision in the federal rules permitting the use of fictitious defendants
Sollberger v. Wachovia Securities, LLC
SACV 09-0766 AG (ANx) (C.D. Cal. Jun. 30, 2010) Cited 31 times
In Sollberger v. Wachovia Securities, LLC (C.D. Cal. June 30, 2010, No. SACV 09-0766 AG) 2010 U.S. Dist. LEXIS 66233 at *11-12, the court defined a related pleading practice that it termed "shotgun" pleading and explained why that practice should not be tolerated by trial courts.
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 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,506 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,130 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,679 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,222 times 26 Legal Analyses
Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
Section 3624 - Release of a prisoner
18 U.S.C. § 3624 Cited 5,959 times 12 Legal Analyses
Granting to the Bureau of Prisons the authority to order home confinement
Section 14.2 - Administrative claim; when presented
28 C.F.R. § 14.2 Cited 1,204 times
Setting forth the procedures for presenting a claim under the FTCA

D'Amario v. United States of America

21 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"

Holding that district courts lack jurisdiction to hear challenges to benefits determinations, even if those challenges are framed as tort law claims

Holding that § 2401(b) imposes both a two-year and six-month limitations requirement, each of which must be satisfied

Holding claim that the plaintiff-decedent's release date was negligently calculated, leaving him in prison almost a year beyond when he should have been released, was barred by Section 2680(h)

Holding there is no provision in the federal rules permitting the use of fictitious defendants

In Sollberger v. Wachovia Securities, LLC (C.D. Cal. June 30, 2010, No. SACV 09-0766 AG) 2010 U.S. Dist. LEXIS 66233 at *11-12, the court defined a related pleading practice that it termed "shotgun" pleading and explained why that practice should not be tolerated by trial courts.

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

Granting to the Bureau of Prisons the authority to order home confinement

Setting forth the procedures for presenting a claim under the FTCA