45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 times   367 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. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,353 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  4. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,639 times   2 Legal Analyses
    Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"
  5. E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.

    637 F.3d 435 (4th Cir. 2011)   Cited 2,609 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"
  6. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,203 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees
  7. John R. Sand & Gravel Co. v. United States

    552 U.S. 130 (2008)   Cited 543 times   2 Legal Analyses
    Holding § 2501 jurisdictional
  8. Richmond, Fredericksburg Potomac R. v. U.S.

    945 F.2d 765 (4th Cir. 1991)   Cited 2,421 times
    Holding that the limitations period started when the plaintiff first learned of the disputed covenant, not when the government later attempted to enforce that covenant for the first time
  9. Evans v. B.F. Perkins Company

    166 F.3d 642 (4th Cir. 1999)   Cited 1,684 times
    Holding that when a defendant challenges subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b), the court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment
  10. Adams v. Bain

    697 F.2d 1213 (4th Cir. 1982)   Cited 2,331 times
    Holding that "where the jurisdictional facts are intertwined with the facts central to the merits of the dispute, . . . the entire factual dispute is appropriately resolved only by a proceeding on the merits" and it is inappropriate to dismiss the case for lack of subject-matter jurisdiction
  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 348,310 times   930 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 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,128 times   1237 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"
  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,130 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  14. Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit

    28 U.S.C. § 1295   Cited 8,338 times   92 Legal Analyses
    Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals
  15. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,222 times   26 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 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,646 times   67 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706
  17. 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”
  18. 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