41 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' "
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,280 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.
637 F.3d 435 (4th Cir. 2011) Cited 2,578 times 1 Legal Analyses
Holding that exclusive dealing agreements are unlawful where they "severely limit ... competition for the most important customers in categories needed to gain a foothold for effective competition"
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,114 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Crown, Cork Seal Co. v. Parker
462 U.S. 345 (1983) Cited 1,103 times 54 Legal Analyses
Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made
Cooper v. Federal Reserve Bank of Richmond
467 U.S. 867 (1984) Cited 573 times 1 Legal Analyses
Holding that members of a class of black employees of a Federal Reserve Bank could maintain separate actions against the bank under Title VII
Curtis v. Citibank
226 F.3d 133 (2d Cir. 2000) Cited 857 times 1 Legal Analyses
Holding that the trial court did not abuse its discretion in dismissing "Curtis II claims arising out of the same events as those alleged in Curtis I," which claims "would have been heard if plaintiffs had timely raised them"
Gunnells v. Healthplan Servs., Inc.
348 F.3d 417 (4th Cir. 2003) Cited 441 times 7 Legal Analyses
Holding that courts may employ Rule 23(c) to certify a class as to one claim even though all of the plaintiffs’ claims, taken together, do not satisfy the predominance requirement
Trustmark Insurance v. ESLU, Inc.
299 F.3d 1265 (11th Cir. 2002) Cited 201 times
Holding that res judicata prevented a plaintiff from bringing successive lawsuits for separate breaches of the same contract, committed by the same party, and involving the same general type of conduct even where different causes of action are alleged
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
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,448 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,902 times 1234 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
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 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,188 times 26 Legal Analyses
Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim
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 1500 - Pendency of claims in other courts
28 U.S.C. § 1500 Cited 244 times
Denying Court of Federal Claims jurisdiction over "any claim . . . pending in any other court"
Section 714 - Creation and purpose of Corporation
15 U.S.C. § 714 Cited 111 times
Creating a “body corporate to be known as Commodity Credit Corporation ..., which shall be an agency and instrumentality of the United States, within the Department of Agriculture, subject to the general supervision and direction of the Secretary of Agriculture”
Section 714c - Specific powers of Corporation
15 U.S.C. § 714c Cited 26 times
In the fulfillment of its purposes and in carrying out its annual budget programs submitted to and approved by the Congress pursuant to chapter 91 of title 31, the Corporation is authorized to use its general powers only to- (a) Support the prices of agricultural commodities (other than tobacco) through loans, purchases, payments, and other operations. (b) Make available materials and facilities required in connection with the production and marketing of agricultural commodities (other than tobacco)
Section 3841 - Commodity Credit Corporation
16 U.S.C. § 3841 Cited 3 times
(a) Annual funding For each of fiscal years 2014 through 2031, the Secretary shall use the funds, facilities, and authorities of the Commodity Credit Corporation to carry out the following programs under this chapter (including the provision of technical assistance): (1) The conservation reserve program under subpart B of part I of subchapter IV, including, to the maximum extent practicable- (A) $12,000,000 for the period of fiscal years 2019 through 2023 to provide payments under section 3834(c)
Section 1469.2 - Administration
7 C.F.R. § 1469.2 Cited 1 times
(a) The regulations in this part will be administered under the general supervision and direction of the Chief, Natural Resources Conservation Service (NRCS), who is a Vice President of the CCC. (b) The Chief may modify or waive a provision of this part if the Chief determines that the application of such provision to a particular limited situation is inappropriate and inconsistent with the goals of the program. (c) The Chief determines fund availability to provide financial and technical assistance
Section 1469.23 - Program payments
7 C.F.R. § 1469.23 Cited 1 times
(a)Stewardship component of CSP payments. (1) The conservation stewardship plan, as applicable, divides the land area to be enrolled in the CSP into land use categories, such as irrigated and non-irrigated cropland, irrigated and non-irrigated pasture, pastured cropland and range land, among other categories. (2) NRCS will determine an appropriate stewardship payment rate for each land use category using the following methodology: (i) NRCS will initially calculate the average 2001 rates using the
Section 1469.21 - Contract requirements
7 C.F.R. § 1469.21
(a) To receive payments, each participant must enter into a conservation stewardship contract and comply with its provisions. Among other provisions, the participant agrees to maintain at least the level of stewardship identified in the benchmark inventory for the portion of land being enrolled for the entire contract period, as appropriate, and implement and maintain any new practices or activities required in the contract. (b) Program participants will only receive payments from one conservation
Section 1469.31 - Appeals
7 C.F.R. § 1469.31
(a) An applicant or a participant may obtain administrative review of an adverse decision under CSP in accordance with parts 11 and 614, Subparts A and C, of this title, except as provided in paragraph (b) of this section. (b) Participants cannot appeal the following decisions: (1) Payment rates, payment limits, and cost-share percentages; (2) Eligible conservation practices; and, (3) Other matters of general applicability. (c) Before a participant can seek judicial review of any action taken under

Flora v. The United States

41 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 executive branch officers had qualified immunity

Holding that exclusive dealing agreements are unlawful where they "severely limit ... competition for the most important customers in categories needed to gain a foothold for effective competition"

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made

Holding that members of a class of black employees of a Federal Reserve Bank could maintain separate actions against the bank under Title VII

Holding that the trial court did not abuse its discretion in dismissing "Curtis II claims arising out of the same events as those alleged in Curtis I," which claims "would have been heard if plaintiffs had timely raised them"

Holding that courts may employ Rule 23(c) to certify a class as to one claim even though all of the plaintiffs’ claims, taken together, do not satisfy the predominance requirement

Holding that res judicata prevented a plaintiff from bringing successive lawsuits for separate breaches of the same contract, committed by the same party, and involving the same general type of conduct even where different causes of action are alleged

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

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

Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

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

Denying Court of Federal Claims jurisdiction over "any claim . . . pending in any other court"

Creating a “body corporate to be known as Commodity Credit Corporation ..., which shall be an agency and instrumentality of the United States, within the Department of Agriculture, subject to the general supervision and direction of the Secretary of Agriculture”