27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 times 280 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,949 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,223 times 5 Legal Analyses
Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
White v. Lee
227 F.3d 1214 (9th Cir. 2000) Cited 2,095 times 1 Legal Analyses
Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”
United States v. Bormes
568 U.S. 6 (2012) Cited 227 times 2 Legal Analyses
Holding that "[s]ince FCRA is a detailed remedial scheme, only its own text can determine whether the damages liability Congress crafted extends to the Federal Government."
Stock West, Inc. v. Confederated Tribes
873 F.2d 1221 (9th Cir. 1989) Cited 1,362 times
Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"
Roberts v. Corrothers
812 F.2d 1173 (9th Cir. 1987) Cited 833 times
Holding that a court may not resolve genuinely disputed facts where "the question of jurisdiction is dependent on the resolution of factual issues going to the merits"
Gilbert v. DaGrossa
756 F.2d 1455 (9th Cir. 1985) Cited 526 times
Holding that a suit alleging civil and constitutional claims against IRS employees in their official capacity is a suit against the United States and is barred by sovereign immunity absent statutory waiver
Blackmar v. Guerre
342 U.S. 512 (1952) Cited 419 times 1 Legal Analyses
Holding that Congress must give express authorization for an agency to be sued in its own name
Minnesota v. United States
305 U.S. 382 (1939) Cited 476 times
Holding that "[t]he fact that the removal was effected on petition of the United States and the stipulation of its attorney in relation thereto are facts without legal significance"
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 348,503 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,606 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,321 times 151 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,141 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,119 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 6,225 times 26 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
Section 1442 - Federal officers or agencies sued or prosecuted
28 U.S.C. § 1442 Cited 5,149 times 88 Legal Analyses
Granting removal power to "[a]ny officer of the United States . . . or person acting under him"
Section 409 - Suits by and against the Postal Service
39 U.S.C. § 409 Cited 459 times
Granting district courts original jurisdiction over suits by and against the postal service, except as otherwise provided in 39 U.S.C. § 3628

Errica Mickens v. United States Postal Service

27 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”

Holding that "[s]ince FCRA is a detailed remedial scheme, only its own text can determine whether the damages liability Congress crafted extends to the Federal Government."

Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"

Holding that a court may not resolve genuinely disputed facts where "the question of jurisdiction is dependent on the resolution of factual issues going to the merits"

Holding that a suit alleging civil and constitutional claims against IRS employees in their official capacity is a suit against the United States and is barred by sovereign immunity absent statutory waiver

Holding that Congress must give express authorization for an agency to be sued in its own name

Holding that "[t]he fact that the removal was effected on petition of the United States and the stipulation of its attorney in relation thereto are facts without legal significance"

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Setting forth FTCA's administrative exhaustion requirement

Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

Granting district courts original jurisdiction over suits by and against the postal service, except as otherwise provided in 39 U.S.C. § 3628