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Fiberlight, Llc v. Washington Metropolitan Area Transit Authority

MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Amended Complaint

48 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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 266,697 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' "

  3. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,872 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

  4. United States v. Kubrick

    444 U.S. 111 (1979)   Cited 2,589 times
    Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual

  5. Department of Army v. Blue Fox, Inc.

    525 U.S. 255 (1999)   Cited 601 times   2 Legal Analyses
    Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

  6. DiLeo v. Ernst Young

    901 F.2d 624 (7th Cir. 1990)   Cited 1,592 times   3 Legal Analyses
    Holding accountants owe no duty "to search and sing"

  7. United States v. Neustadt

    366 U.S. 696 (1961)   Cited 513 times
    Holding that 28 U.S.C. § 2680(h) "applies to both `misrepresentation' and `deceit,' and, as `deceit' means fraudulent misrepresentation, `misrepresentation' must have been meant to include negligent misrepresentation, since otherwise the word `misrepresentation' would be duplicative"

  8. Aktieselskabet AF 21. November 2001 v. Fame Jeans Inc.

    525 F.3d 8 (D.C. Cir. 2008)   Cited 397 times   1 Legal Analyses
    Holding that, in a cancellation proceeding, "an intent-to-use applicant prevails over any opposer who began using a similar mark after the intent-to-use filing date"

  9. Telegraphers v. Ry. Express Agency

    321 U.S. 342 (1944)   Cited 663 times   1 Legal Analyses
    Holding the principles of J.I. Case apply to RLA cases

  10. Burkhart v. WMATA

    112 F.3d 1207 (D.C. Cir. 1997)   Cited 389 times
    Holding that "decisions concerning the hiring, training, and super[vision]" of employees are discretionary

  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 345,981 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

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,534 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Section 12-301 - Limitation of time for bringing actions

    D.C. Code § 12-301   Cited 904 times   3 Legal Analyses
    Imposing a three-year statute of limitations on actions "for the recovery of personal property"

  15. Section 9-1107.01 - [See Note] Congressional consent given to Compact amendment

    D.C. Code § 9-1107.01   Cited 38 times
    Adopting the compact for the District of Columbia