14 Cited authorities

McNeil v. United States
508 U.S. 106 (1993) Cited 6,690 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
Dolan v. Postal Service
546 U.S. 481 (2006) Cited 634 times 2 Legal Analyses
Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"
United States v. Sherwood
312 U.S. 584 (1941) Cited 3,393 times
Holding that the Claims Court lacked jurisdiction over claims that are not against United States
Mortensen v. First Federal Sav. and Loan Ass'n
549 F.2d 884 (3d Cir. 1977) Cited 3,771 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
Cont'l Cas. v. U.S.
535 F.3d 132 (3d Cir. 2008) Cited 768 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)
Land v. Dollar
330 U.S. 731 (1947) Cited 1,221 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
Shelton v. Bledsoe
775 F.3d 554 (3d Cir. 2015) Cited 302 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."
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...."
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"
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
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 345,449 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,069 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,188 times 26 Legal Analyses
Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim
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

Despot v. Allied Interstate, Inc. et al

14 Cited authorities

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

Holding that "negligent transmission" of postal matter "does not comprehend all negligence occurring in the course of mail delivery"

Holding that the Claims Court lacked jurisdiction over claims that are not against United States

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

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)

Holding generally that the District Court has the authority to consider questions of jurisdiction on the basis of affidavits as well as the pleadings

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."

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...."

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"

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

Setting forth FTCA's administrative exhaustion requirement

Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

Setting forth the procedures for presenting a claim under the FTCA