§Why CasetextPricing

Figueroa-Matos et al v. Food And Drug Administration et al

MOTION to Dismiss/Lack of Jurisdiction as to All Plaintiffs

31 Cited authorities

  1. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,881 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

  2. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,377 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

  3. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,214 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees

  4. Poulis v. State Farm Fire and Cas. Co.

    747 F.2d 863 (3d Cir. 1984)   Cited 3,429 times   1 Legal Analyses
    Holding that imposing excess costs, including attorneys' fees, caused by unjustified attorney conduct or delay during the pretrial process on the attorney responsible is the "preferable sanction"

  5. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 3,445 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States

  6. Petrucelli v. Bohringer & Ratzinger

    46 F.3d 1298 (3d Cir. 1995)   Cited 854 times
    Holding "a district court may not consider the fact that the statute of limitation has run until after [the court] has conducted an examination of good cause"

  7. In re Sheehan

    253 F.3d 507 (9th Cir. 2001)   Cited 688 times
    Holding that service of process is "one of the most fundamental acts to commence an action" and therefore failure to do so does not rise to the level of excusable neglect

  8. Green v. Dorrell

    969 F.2d 915 (10th Cir. 1992)   Cited 864 times
    Holding that dismissal was the appropriate sanction, in part because "[t]he added delay caused by [plaintiff's] failure to respond to [defendants'] motion to dismiss disfavored [defendants] because the memory and availability of witnesses diminishes with time"

  9. McCurdy v. American Board of Plastic Surgery

    157 F.3d 191 (3d Cir. 1998)   Cited 317 times
    Holding that the district court properly dismissed an action for untimely service when plaintiff sought an extension of time to serve only after defendant moved to dismiss

  10. Honda v. Clark

    386 U.S. 484 (1967)   Cited 220 times
    Holding that where consistent with the overall congressional purpose, a "traditional equitable tolling principle" should be applied to a statutory limitations period

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 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

  12. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,350 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  13. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,538 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

  14. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,200 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

  15. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,277 times   55 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

  16. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,417 times   5 Legal Analyses
    Granting tort immunity to federal agency employees

  17. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,518 times   2 Legal Analyses
    Specifying scope of United States' liability

  18. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,441 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this