45 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,238 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  3. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,159 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
  4. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,983 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"
  5. United States v. Nordic Village, Inc.

    503 U.S. 30 (1992)   Cited 1,809 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"
  6. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,388 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
  7. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,222 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees
  8. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 3,461 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States
  9. Hill v. Smithkline Beecham Corp.

    393 F.3d 1111 (10th Cir. 2004)   Cited 1,067 times
    Holding that a district court's entry of judgment without expressly ruling on an objection is tantamount to a denial or rejection of those arguments when there is no basis to conclude the court did not consider the objections
  10. Oxendine v. Kaplan

    241 F.3d 1272 (10th Cir. 2001)   Cited 871 times
    Holding that the failure to refer an inmate to a specialist after he showed signs of necrosis following a surgical procedure posed an obvious health risk
  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 357,280 times   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 times   128 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
  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,451 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  15. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,573 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  16. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,239 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  17. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,302 times   57 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
  18. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,545 times   2 Legal Analyses
    Specifying scope of United States' liability
  19. Section 233 - Civil actions or proceedings against commissioned officers or employees

    42 U.S.C. § 233   Cited 1,192 times   3 Legal Analyses
    Providing a remedy against the United States for certain injuries caused by employees of the Public Health Service, and stating that "[t]he time limit for filing a claim under this subsection ... shall be tolled during the pendency of a [n] [administrative] request for benefits," § 233(p)
  20. Section 19.1 - Affidavit of consultation with qualified expert - Extension - Exemption

    Okla. Stat. tit. 12 § 19.1   Cited 18 times

    A. 1. In any civil action for negligence wherein the plaintiff shall be required to present the testimony of an expert witness to establish breach of the relevant standard of care and that such breach of duty resulted in harm to the plaintiff, except as provided in subsection B of this section, the plaintiff shall attach to the petition an affidavit attesting that: a. the plaintiff has consulted and reviewed the facts of the claim with a qualified expert, b. the plaintiff has obtained a written opinion