45 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 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 266,461 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 22,283 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
United States v. Mitchell
463 U.S. 206 (1983) Cited 2,626 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"
E.I. Du Pont De Nemours & Co. v. Kolon Industries, Inc.
637 F.3d 435 (4th Cir. 2011) Cited 2,579 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"
United States v. Testan
424 U.S. 392 (1976) Cited 2,199 times
Holding that Back Pay Act does not provide a remedy for misclassified federal employees
John R. Sand & Gravel Co. v. United States
552 U.S. 130 (2008) Cited 542 times 2 Legal Analyses
Holding § 2501 jurisdictional
Richmond, Fredericksburg Potomac R. v. U.S.
945 F.2d 765 (4th Cir. 1991) Cited 2,405 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
Evans v. B.F. Perkins Company
166 F.3d 642 (4th Cir. 1999) Cited 1,673 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
Adams v. Bain
697 F.2d 1213 (4th Cir. 1982) Cited 2,316 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
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 345,715 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 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,916 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 24,035 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit
28 U.S.C. § 1295 Cited 8,299 times 92 Legal Analyses
Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,189 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 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 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

Flora v. The United States

45 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 "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"

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 that Back Pay Act does not provide a remedy for misclassified federal employees

Holding § 2501 jurisdictional

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

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

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

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

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"

Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals

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

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”