26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,459 times 279 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 266,381 times 365 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' "
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,812 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Haines v. Kerner
404 U.S. 519 (1972) Cited 58,253 times
Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,858 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Fowler v. UPMC Shadyside
578 F.3d 203 (3d Cir. 2009) Cited 14,075 times 4 Legal Analyses
Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
Frederico v. Home Depot
507 F.3d 188 (3d Cir. 2007) Cited 2,216 times 8 Legal Analyses
Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it
Gould Elecs. Inc. v. U.S.
220 F.3d 169 (3d Cir. 2000) Cited 2,638 times 1 Legal Analyses
Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional
Mortensen v. First Federal Sav. and Loan Ass'n
549 F.2d 884 (3d Cir. 1977) Cited 3,774 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
Dluhos v. Strasberg
321 F.3d 365 (3d Cir. 2003) Cited 956 times 1 Legal Analyses
Holding that 15 U.S.C. § 1114(D) requires the federal court to approach the issues raised in an action brought under that provision de novo rather than to apply the deferential review appropriate to actions governed by the Federal Arbitration Act
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 345,620 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 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,031 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority
28 U.S.C. § 1491 Cited 4,638 times 64 Legal Analyses
Adopting the standard in 5 U.S.C. § 706
Section 4001 - Congressional findings and declaration of purpose
42 U.S.C. § 4001 Cited 727 times 2 Legal Analyses
Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."
Section 4072 - Adjustment and payment of claims; judicial review; limitations; jurisdiction
42 U.S.C. § 4072 Cited 377 times 3 Legal Analyses
Conferring jurisdiction and waiving sovereign immunity for an action against the FEMA Administrator for disallowed claims

Evangelista v. Tolson et al

26 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 the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"

Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional

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 15 U.S.C. § 1114(D) requires the federal court to approach the issues raised in an action brought under that provision de novo rather than to apply the deferential review appropriate to actions governed by the Federal Arbitration Act

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

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

Adopting the standard in 5 U.S.C. § 706

Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."

Conferring jurisdiction and waiving sovereign immunity for an action against the FEMA Administrator for disallowed claims