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Flat Creek Transportation, Llc v. Federal Motor Carrier Safety Administration et al

BRIEF/MEMORANDUM in Support re MOTION to Dismiss for Lack of Jurisdiction

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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. Woodford v. NGO

    548 U.S. 81 (2006)   Cited 16,023 times   4 Legal Analyses
    Holding that § 1997e requires "proper exhaustion"

  3. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,193 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"

  4. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 6,996 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

  5. List v. Driehaus

    573 U.S. 149 (2014)   Cited 1,952 times   12 Legal Analyses
    Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge

  6. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,686 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  7. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,871 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"

  8. Babbitt v. Farm Workers

    442 U.S. 289 (1979)   Cited 1,859 times
    Holding a case justiciable even though the plaintiffs disavowed any intent to "propagate untruths"

  9. 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

  10. Marshall v. Barlow's, Inc.

    436 U.S. 307 (1978)   Cited 1,106 times   7 Legal Analyses
    Holding that a warrant is nonetheless necessary in some administrative search contexts

  11. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,520 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  12. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,679 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  13. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,244 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  14. Section 2342 - Jurisdiction of court of appeals

    28 U.S.C. § 2342   Cited 1,070 times   25 Legal Analyses
    Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"

  15. Section 554 - Adjudications

    5 U.S.C. § 554   Cited 1,035 times   31 Legal Analyses
    Granting authority to agencies to "issue a declaratory order to terminate a controversy or remove uncertainty."

  16. Section 500 - Administrative practice; general provisions

    5 U.S.C. § 500   Cited 598 times   12 Legal Analyses

    (a) For the purpose of this section- (1) "agency" has the meaning given it by section 551 of this title; and (2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to

  17. Section 521 - Civil penalties

    49 U.S.C. § 521   Cited 50 times   4 Legal Analyses
    Making those who violate, inter alia, regulations regarding employee qualifications and/or recordkeeping requirements liable to the United States for civil penalties

  18. Section 113 - Federal Motor Carrier Safety Administration

    49 U.S.C. § 113   Cited 39 times
    Creating the FMCSA

  19. Section 31144 - Safety fitness of owners and operators

    49 U.S.C. § 31144   Cited 28 times
    Granting the Secretary of Transportation authority to prescribe driver qualifications

  20. Section 502 - General authority

    49 U.S.C. § 502   Cited 7 times

    (a) The Secretary of Transportation shall carry out this chapter. (b) The Secretary may- (1) inquire into and report on the management of the business of rail carriers and motor carriers; (2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and (3) obtain from those carriers and persons information

  21. Section 385.3 - Definitions and acronyms

    49 C.F.R. § 385.3   Cited 29 times
    Defining a "[p]reventable accident on the part of a motor carrier [to] mean an accident that involved a commercial motor vehicle, and that could have been averted but for an act, or failure to act, by the motor carrier or the driver"

  22. Section 1.87 - Delegations to the Federal Motor Carrier Safety Administrator

    49 C.F.R. § 1.87   Cited 16 times
    Delegating authorities vested in Secretary of Transportation to Administrator of FMCSA

  23. Section 385.13 - Unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts

    49 C.F.R. § 385.13   Cited 12 times

    (a) Generally, a motor carrier rated "unsatisfactory" is prohibited from operating a CMV. Information on motor carriers, including their most current safety rating, is available from the FMCSA Safety and Fitness Electronic Records System website at https://safer.fmcsa.dot.gov, or by telephone at (800) 832-5660. (1) Motor carriers transporting hazardous materials in quantities requiring placarding, and motor carriers transporting passengers in a CMV, are prohibited from operating a CMV in motor carrier

  24. Section 385.15 - Administrative review

    49 C.F.R. § 385.15   Cited 11 times
    Outlining procedure for administrative review of proposed safety rating

  25. Section 385.17 - Change to safety rating based upon corrective actions

    49 C.F.R. § 385.17   Cited 10 times   1 Legal Analyses

    (a) A motor carrier that has taken action to correct the deficiencies that resulted in a proposed or final rating of "conditional" or "unsatisfactory" may request a rating change at any time. (b) A motor carrier must make this request in writing to the FMCSA Service Center for the geographic area where the carrier maintains its principal place of business. The addresses and geographical boundaries of the Service Centers are listed in §390.27 of this chapter. (c) The motor carrier must base its request

  26. Section 385.11 - Notification of safety fitness determination

    49 C.F.R. § 385.11   Cited 7 times
    Governing notification of safety fitness determination

  27. Section 386.72 - Imminent hazard

    49 C.F.R. § 386.72   Cited 5 times
    In 49 C.F.R. § 386.72, the DOT essentially duplicated the IHO provisions set forth by Congress in 49 U.S.C. § 521(b)(5).