§Why CasetextPricing

Despot v. Allied Interstate, Inc. et al

BRIEF in Support re Motion to Dismiss

14 Cited authorities

  1. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,676 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

  2. Dolan v. Postal Service

    546 U.S. 481 (2006)   Cited 630 times   2 Legal Analyses
    Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"

  3. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 3,390 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States

  4. Mortensen v. First Federal Sav. and Loan Ass'n

    549 F.2d 884 (3d Cir. 1977)   Cited 3,762 times   1 Legal Analyses
    Holding that dismissal under Rule 12(b) would be “unusual” when the facts necessary to succeed on the merits are at least in part the same as must be alleged or proven to withstand jurisdictional attacks

  5. Cont'l Cas. v. U.S.

    535 F.3d 132 (3d Cir. 2008)   Cited 762 times
    Holding that the Federal Tort Claims Act's "scope-of-employment requirement" was jurisdictional because the requirement "appears in the same sentence as Congress's grant of jurisdiction" and thus should be resolved under Rule 12(b)

  6. Land v. Dollar

    330 U.S. 731 (1947)   Cited 1,220 times
    Holding generally that the District Court has the authority to consider questions of jurisdiction on the basis of affidavits as well as the pleadings

  7. Shelton v. Bledsoe

    775 F.3d 554 (3d Cir. 2015)   Cited 301 times   2 Legal Analyses
    Holding that FTCA's requirement that a lawsuit cannot be filed unless the plaintiff first presents the claim to the appropriate agency and the agency renders a final decision is "jurisdictional and cannot be waived."

  8. Intern. Ass'n of Machs., Etc. v. N.W. Airlines

    673 F.2d 700 (3d Cir. 1982)   Cited 206 times
    Finding that since a motion to dismiss "was supported by a sworn statement of facts [] [i]t therefore must be construed as a factual, rather than a facial attack...."

  9. Boyle v. Governor's Veterans Outreach & Assistance Center

    925 F.2d 71 (3d Cir. 1991)   Cited 102 times
    Holding that "where the motion to dismiss is based on the lack of state action, dismissal is proper only pursuant to Fed.R.Civ.P. 12(b) for failure to state a claim and not under Rule 12(b) for lack of jurisdiction"

  10. Shepherdson v. Local Union No. 401

    823 F. Supp. 1245 (E.D. Pa. 1993)   Cited 11 times

    Civ. A. No. 92-5032. May 28, 1993. Rosemarie Rhodes, Harper Paul, Philadelphia, PA, for plaintiff. Robert M. Abramson, Abrams, Abramson Tabb, Elkins Park, PA, Laurence E. Gold, Connerton, Ray Simon, Washington, DC, Victor J. Van Bourg, Van Bourg, Weinberg, Roger Rosenfeld, San Francisco, CA, Richard Kirschner, Richard Kirschner Associates, Philadelphia, PA, for defendants. MEMORANDUM OPINION AND ORDER VANARTSDALEN, Senior District Judge. I. INTRODUCTION Two of the defendants have moved to dismiss

  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 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,059 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

  13. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,183 times   26 Legal Analyses
    Setting the limitations period at six years

  14. Section 14.2 - Administrative claim; when presented

    28 C.F.R. § 14.2   Cited 1,193 times
    Setting forth the procedures for presenting a claim under the FTCA