§Why CasetextPricing

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

NOTICE OF MOTION AND MOTION to Dismiss Case

29 Cited authorities

  1. United States v. Nordic Village, Inc.

    503 U.S. 30 (1992)   Cited 1,824 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"

  2. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,445 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. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,382 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  4. Ali v. Fed. Bureau of Prisons

    552 U.S. 214 (2008)   Cited 807 times   2 Legal Analyses
    Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

  5. Department of Army v. Blue Fox, Inc.

    525 U.S. 255 (1999)   Cited 619 times   2 Legal Analyses
    Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

  6. Marder v. Lopez

    450 F.3d 445 (9th Cir. 2006)   Cited 1,096 times   2 Legal Analyses
    Holding that a court may properly take judicial notice of: material which is included as part of the complaint or relied upon by the complaint; and matters in the public record.

  7. McCarthy v. U.S.

    850 F.2d 558 (9th Cir. 1988)   Cited 1,194 times
    Holding that a court "may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction"

  8. Sprewell v. Golden State Warriors

    275 F.3d 1187 (9th Cir. 2001)   Cited 690 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

  9. Tosco Corp. v. Communities for a Better Environment

    236 F.3d 495 (9th Cir. 2001)   Cited 702 times
    Holding the plaintiff has the burden of proving jurisdiction in order to survive a motion for lack of jurisdiction

  10. St. Clair v. City of Chico

    880 F.2d 199 (9th Cir. 1989)   Cited 862 times
    Holding that in a factual attack on subject matter jurisdiction, the Court may accept and evaluate evidence to determine whether jurisdiction exists

  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 366,773 times   968 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 75,112 times   132 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 24,843 times   24 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  14. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 16,166 times   52 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"

  15. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,615 times   17 Legal Analyses
    Making affidavits and declarations effectively synonymous

  16. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,941 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

  17. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,759 times   70 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706

  18. Section 793 - Gathering, transmitting or losing defense information

    18 U.S.C. § 793   Cited 193 times   4 Legal Analyses
    Referring to § 793 "for the purpose aforesaid"