§Why CasetextPricing

Ferris v. Afognak Native Corporation et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

36 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "

  3. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,803 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  4. Universal Health Servs., Inc. v. United States

    579 U.S. 176 (2016)   Cited 874 times   185 Legal Analyses
    Holding that " misrepresentation" about a claim's compliance with the law "must be material to the Government's payment decision in order to be actionable under the [FCA]," and that the Government's payment of "a particular claim in full despite its actual knowledge that certain requirements were violated . . . is very strong evidence that those requirements are not material"

  5. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,523 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  6. Griggs v. Pace American Group

    170 F.3d 877 (9th Cir. 1999)   Cited 721 times   1 Legal Analyses
    Holding that holder of contingent rights to receive stock had standing to bring federal securities claims

  7. Hooper v. Lockheed Martin Corp.

    688 F.3d 1037 (9th Cir. 2012)   Cited 84 times   3 Legal Analyses
    Holding that false estimates "can be a source of liability under the FCA"

  8. American Federation of Govt. Emp. v. U.S.

    330 F.3d 513 (D.C. Cir. 2003)   Cited 35 times
    Finding that federal employees did not have a fundamental right to public employment for purposes of substantive due process and stating that "[n]either the Supreme Court nor [the D.C. Circuit] has ever recognized an interest in public employment as fundamental"

  9. Walther v. United States

    No. 3:15-cv-0021-HRH (D. Alaska Nov. 9, 2015)   Cited 1 times

    No. 3:15-cv-0021-HRH 11-09-2015 SCOTT W. WALTHER and PIONEER RESERVE, L.L.C., Plaintiffs, v. UNITED STATES OF AMERICA, et al., Defendants, and THE SU-KNIK MITIGATION BANK and SU-KNIK ENVIRONMENTS, LLC, Intervenor-Defendants. H. Russel Holland United States District Judge ORDER Motions to Dismiss Defendant United States of America, on behalf of the U.S. Army Corps of Engineers, moves to dismiss plaintiffs' second amended complaint. This motion is opposed. Intervenor-defendants also move to dismiss

  10. American Feder. of Government Employees v. U.S.

    195 F. Supp. 2d 4 (D.D.C. 2002)   Cited 7 times
    Explaining equal protection analysis and identifying suspect classifications, such as race and national origin

  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 348,148 times   927 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 3729 - False claims

    31 U.S.C. § 3729   Cited 6,766 times   630 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  13. Section 3730 - Civil actions for false claims

    31 U.S.C. § 3730   Cited 5,400 times   430 Legal Analyses
    Granting the government primary responsibility for conducting suit

  14. Rule 38 - Right to a Jury Trial; Demand

    Fed. R. Civ. P. 38   Cited 2,268 times   9 Legal Analyses
    Explaining that a party waives its right to a jury trial by failing to properly request one

  15. Section 637 - Additional powers

    15 U.S.C. § 637   Cited 333 times   36 Legal Analyses
    Conferring presumptive eligibility on anyone "found to be disadvantaged . . . pursuant to section 8 of the Small Business Act"

  16. Section 631 - Declaration of policy

    15 U.S.C. § 631   Cited 301 times   5 Legal Analyses
    Explaining the purposes of section 637

  17. Section 3732 - False claims jurisdiction

    31 U.S.C. § 3732   Cited 280 times   3 Legal Analyses
    Granting jurisdiction to district courts "over any action brought under the laws of any State for the recovery of funds paid by a State or local government if the action arises from the same transaction or occurrence as an action brought under section 3730"

  18. Section 634 - General powers

    15 U.S.C. § 634   Cited 260 times   6 Legal Analyses
    Providing that the SBA Administrator may "sue and be sued ... but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Administrator or his property"

  19. Section 636 - Additional powers

    15 U.S.C. § 636   Cited 251 times   75 Legal Analyses
    Making nonprofit organizations eligible for PPP loans

  20. Section 1601 - Congressional findings and declaration of policy

    43 U.S.C. § 1601   Cited 213 times   3 Legal Analyses

    Congress finds and declares that- (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges

  21. Section 121.103 - How does SBA determine affiliation?

    13 C.F.R. § 121.103   Cited 28 times   149 Legal Analyses
    Explaining that in determining whether an ostensible subcontractor relationship exists "[a]ll aspects of the relationship between the prime and subcontractor are considered, including, but not limited to, the terms of the proposal (such as contract management, technical responsibilities, and the percentage of subcontracted work), agreements between the prime and subcontractor (such as bonding assistance or the teaming agreement), and whether the subcontractor is the incumbent contractor and is ineligible to submit a proposal because it exceeds the applicable size standard for that solicitation"

  22. Section 124.101 - What are the basic requirements a concern must meet for the 8(a) BD program?

    13 C.F.R. § 124.101   Cited 25 times   2 Legal Analyses

    Generally, a concern meets the basic requirements for admission to the 8(a) BD program if it is a small business which is unconditionally owned and controlled by one or more socially and economically disadvantaged individuals who are of good character and citizens of and residing in the United States, and which demonstrates potential for success. 13 C.F.R. §124.101 76 FR 8254, Feb. 11, 2011

  23. Section 121.101 - What are SBA size standards?

    13 C.F.R. § 121.101   Cited 16 times   3 Legal Analyses
    Defining SBA size standards that determine "whether a business entity is small and thus, eligible for Government programs and preferences reserved for 'small business' concerns"

  24. Section 124.107 - What is potential for success?

    13 C.F.R. § 124.107   Cited 7 times
    Requiring the applicant who seeks a waiver to demonstrate a "record of successful performance on contracts from governmental or nongovernmental sources in its primary industry category"

  25. Section 121.105 - How does SBA define "business concern or concern"?

    13 C.F.R. § 121.105   Cited 5 times   17 Legal Analyses

    (a) (1) Except for small agricultural cooperatives, a business concern eligible for assistance from SBA as a small business is a business entity organized for profit, with a place of business located in the United States, and which operates primarily within the United States or which makes a significant contribution to the U.S. economy through payment of taxes or use of American products, materials or labor. (2) A small agricultural cooperative is an association (corporate or otherwise) acting pursuant

  26. Section 124.206 - What appeal rights are available to an applicant that has been denied admission?

    13 C.F.R. § 124.206   Cited 4 times

    (a) An applicant may appeal a denial of program admission to SBA's Office of Hearings and Appeals (OHA), if it is based solely on a negative finding of social disadvantage, economic disadvantage, ownership, control, or any combination of these four criteria. A denial decision that is based at least in part on the failure to meet any other eligibility criterion is not appealable and is the final decision of SBA. (b) [Reserved] (b) The applicant may initiate an appeal by filing a petition in accordance

  27. Section 124.510 - What limitations on subcontracting apply to an 8(a) contract?

    13 C.F.R. § 124.510   Cited 4 times   1 Legal Analyses

    (a) To assist the business development of Participants in the 8(a) BD program, there are limitations on the percentage of an 8(a) contract award amount that may be spent on subcontractors. The prime contractor recipient of an 8(a) contract must comply with the limitations on subcontracting at § 125.6 of this chapter. (b) Indefinite delivery and indefinite quantity contracts. In order to ensure that the required limitations on subcontracting requirements on an indefinite delivery or indefinite quantity

  28. Section 121.104 - How does SBA calculate annual receipts?

    13 C.F.R. § 121.104   Cited 4 times   42 Legal Analyses

    (a)Receipts means all revenue in whatever form received or accrued from whatever source, including from the sales of products or services, interest, dividends, rents, royalties, fees, or commissions, reduced by returns and allowances. Generally, receipts are considered "total income" (or in the case of a sole proprietorship "gross income") plus "cost of goods sold" as these terms are defined and reported on Internal Revenue Service (IRS) tax return forms (such as Form 1120 for corporations; Form

  29. Section 124.102 - What size business is eligible to participate in the 8(a) BD program?

    13 C.F.R. § 124.102   Cited 3 times

    (a) (1) An applicant concern must qualify as a small business concern as defined in part 121 of this title. The applicable size standard is the one for its primary industry classification. The rules for calculating the size of a tribally-owned concern, a concern owned by an Alaska Native Corporation, a concern owned by a Native Hawaiian Organization, or a concern owned by a Community Development Corporation are additionally affected by §§ 124.109 , 124.110 , and 124.111 , respectively. (2) In order