§Why CasetextPricing

Daniel v. Vantiv, Inc et al

REPLY to Response to Motion re MOTION to Dismiss THIRD AMENDED COMPLAINT

21 Cited authorities

  1. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,872 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

  2. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,329 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

  3. Swain v. Pressley

    430 U.S. 372 (1977)   Cited 685 times   1 Legal Analyses
    Holding a District of Columbia-court remedy modeled on § 2255 not to be "'inadequate or ineffective'" because the D. C. courts were "competent to decide all issues"

  4. United States v. Bormes

    568 U.S. 6 (2012)   Cited 227 times   2 Legal Analyses
    Holding that "[s]ince FCRA is a detailed remedial scheme, only its own text can determine whether the damages liability Congress crafted extends to the Federal Government."

  5. Department of Energy v. Ohio

    503 U.S. 607 (1992)   Cited 272 times   1 Legal Analyses
    Holding that this "proviso serves to confirm" and "clarify" the provision's sovereign immunity waiver

  6. Harrison v. PPG Industries, Inc.

    446 U.S. 578 (1980)   Cited 288 times   1 Legal Analyses
    Holding that ejusdem generis was not applicable in interpreting § 307(b) of the Clean Air Act because there was no uncertainty in the phrase "any other final action", and also stating that the expansive language of the phrase "must be construed to mean exactly what it says, namely any other final action."

  7. U.S. v. Singleton

    165 F.3d 1297 (10th Cir. 1999)   Cited 205 times
    Holding it would be absurd to apply witness bribery statute to prosecutor's offer of leniency in exchange for codefendant's testimony

  8. United States v. Cooper Corp.

    312 U.S. 600 (1941)   Cited 243 times
    Holding that a provision of the Sherman Act imposing criminal penalties on "person" could not "embrace the United States"

  9. Bormes v. United States

    759 F.3d 793 (7th Cir. 2014)   Cited 41 times   2 Legal Analyses
    Holding the FCRA waived sovereign immunity

  10. Al–Haramain Islamic Found., Inc. v. Obama

    705 F.3d 845 (9th Cir. 2012)   Cited 32 times
    Finding no waiver of sovereign immunity under the civil liability provision of Foreign Intelligence Surveillance Act, where that provision expressly permitted suit against “any person who committed such violation” and the statutory definition of “person” did not include the United States

  11. Section 2255 - Federal custody; remedies on motion attacking sentence

    28 U.S.C. § 2255   Cited 129,393 times   129 Legal Analyses
    Adopting one-year limitations period for §2255 motions

  12. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,884 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,041 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 1681n - Civil liability for willful noncompliance

    15 U.S.C. § 1681n   Cited 2,313 times   42 Legal Analyses
    In §§1681n and 1681o, the Act authorizes consumer suits for money damages against "[a]ny person" who willfully or negligently fails to comply with this directive.

  15. Section 1365 - Citizen suits

    33 U.S.C. § 1365   Cited 2,195 times   28 Legal Analyses
    Granting Administrator right to intervene in citizen suits

  16. Section 1681a - Definitions; rules of construction

    15 U.S.C. § 1681a   Cited 1,485 times   58 Legal Analyses
    Adopting definition of "credit" and "creditor" as defined by 15 U.S.C. § 1691a(d)-(e)

  17. Section 1681c - Requirements relating to information contained in consumer reports

    15 U.S.C. § 1681c   Cited 636 times   58 Legal Analyses
    Reporting certain criminal information older than 7 years

  18. Section 1681q - Obtaining information under false pretenses

    15 U.S.C. § 1681q   Cited 151 times   1 Legal Analyses
    Making it a crime to "knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses"

  19. Section 1681u - Disclosures to FBI for counterintelligence purposes

    15 U.S.C. § 1681u   Cited 49 times   5 Legal Analyses
    In 15 U.S.C. § 1681u, consumer reporting agencies are required to furnish certain information to the FBI for counterintelligence purposes provided certain procedures are met, but if "[a]ny agency or department of the United States" obtains such information in violation of the requirements of 15 U.S.C. § 1681u, then the statute specifically contemplates liability against the United States.

  20. Section 1809 - Criminal sanctions

    50 U.S.C. § 1809   Cited 37 times   1 Legal Analyses
    Prohibiting electronic surveillance under color of law, but providing a defense to "a law enforcement or investigative officer engaged in the course of his official duties" conducting electronic surveillance per a search warrant or court order