29 Cited authorities

United States v. Nordic Village, Inc.
503 U.S. 30 (1992) Cited 1,805 times 3 Legal Analyses
Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
United States v. Mitchell
445 U.S. 535 (1980) Cited 2,377 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
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,176 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Ali v. Fed. Bureau of Prisons
552 U.S. 214 (2008) Cited 769 times 2 Legal Analyses
Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act
Department of Army v. Blue Fox, Inc.
525 U.S. 255 (1999) Cited 605 times 2 Legal Analyses
Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy
Marder v. Lopez
450 F.3d 445 (9th Cir. 2006) Cited 1,044 times 2 Legal Analyses
Holding courts may consider on a motion pursuant to Federal Rule of Civil Procedure 12(b) extrinsic documents if the complaint refers to the document; the document is central to the plaintiff's claim; and no party questions the authenticity of the [document proffered]”
McCarthy v. U.S.
850 F.2d 558 (9th Cir. 1988) Cited 1,172 times
Holding that a court "may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction"
Tosco Corp. v. Communities for a Better Environment
236 F.3d 495 (9th Cir. 2001) Cited 686 times
Holding the plaintiff has the burden of proving jurisdiction in order to survive a motion for lack of jurisdiction
Sprewell v. Golden State Warriors
275 F.3d 1187 (9th Cir. 2001) Cited 641 times
Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA
St. Clair v. City of Chico
880 F.2d 199 (9th Cir. 1989) Cited 847 times
Holding that in a factual attack on subject matter jurisdiction, the Court may accept and evaluate evidence to determine whether jurisdiction exists
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 354,229 times 943 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 71,368 times 127 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 24,350 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,247 times 17 Legal Analyses
Making affidavits and declarations effectively synonymous
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,779 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority
28 U.S.C. § 1491 Cited 4,676 times 68 Legal Analyses
Adopting the standard in 5 U.S.C. § 706
Section 793 - Gathering, transmitting or losing defense information
18 U.S.C. § 793 Cited 189 times 3 Legal Analyses
Referring to § 793 "for the purpose aforesaid"

Davinci Aircraft, Inc. v. United States of America et al

29 Cited authorities

Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

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

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

Holding courts may consider on a motion pursuant to Federal Rule of Civil Procedure 12(b) extrinsic documents if the complaint refers to the document; the document is central to the plaintiff's claim; and no party questions the authenticity of the [document proffered]”

Holding that a court "may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction"

Holding the plaintiff has the burden of proving jurisdiction in order to survive a motion for lack of jurisdiction

Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA

Holding that in a factual attack on subject matter jurisdiction, the Court may accept and evaluate evidence to determine whether jurisdiction exists

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"

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Making affidavits and declarations effectively synonymous

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Adopting the standard in 5 U.S.C. § 706

Referring to § 793 "for the purpose aforesaid"