§Why CasetextPricing

Fredrickson v. Tollette et al

MOTION to Dismiss Case for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction

19 Cited authorities

  1. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,328 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

  2. Hercules, Inc. v. United States

    516 U.S. 417 (1996)   Cited 368 times   9 Legal Analyses
    Holding that the Tucker Act's waiver of sovereign immunity for contract claims does not extend to claims for contracts implied in law

  3. Flute v. United States

    808 F.3d 1234 (10th Cir. 2015)   Cited 19 times
    Providing that sovereign immunity extends to requests for injunctive relief

  4. Union Pacific R.R. v. U.S.

    591 F.3d 1311 (10th Cir. 2010)   Cited 16 times
    Holding court is not bound by party's characterization of claim

  5. Dinwiddie v. Suzuki Motor of Am., Inc.

    111 F. Supp. 3d 1202 (W.D. Okla. 2015)   Cited 8 times
    Noting that a warranty claim typically requires manifestation of a defect during the warranty period

  6. Rehoboth McKinley Christian Healthcare Servs., Inc. v. U.S. of Am. Dep't of Health & Human Servs.

    853 F. Supp. 2d 1107 (D.N.M. 2012)   Cited 9 times

    Civ. No. 10–0170 MV/RHS. 2012-03-28 REHOBOTH McKINLEY CHRISTIAN HEALTHCARE SERVICES, INC., Plaintiff, v. UNITED STATES OF AMERICA DEPARTMENT OF HEALTH AND HUMAN SERVICES; Presbyterian Medical Services, Inc., d.b.a. Western New Mexico Counseling; Nancy Yates–Eamick, and XYZ Insurance Company, Defendants. Debra J. Moulton, Kennedy, Moulton & Wells PC, Albuquerque, NM, for Plaintiff. Jan Elizabeth Mitchell, United States Attorneys Office, Albuquerque, NM, for Defendants. MARTHA VÁZQUEZ Debra J. Moulton

  7. Chem-Nuclear Systems v. Arivec Chemicals

    978 F. Supp. 1105 (N.D. Ga. 1997)   Cited 19 times
    Denying summary judgment under CERCLA where reasonable jury could find defendant arranged for disposal of hazardous waste

  8. Hall v. United States

    274 F.2d 69 (10th Cir. 1959)   Cited 58 times
    In Hall v. United States, 274 F.2d 69 (10th Cir. 1959), suit was brought by owners of livestock alleging that federal agents engaged in testing livestock for brucellosis negligently quarantined the livestock even though they were, in fact, not diseased. The complaint alleged that the livestock owner suffered damages because he was compelled to sell the livestock at less than the fair market value.

  9. Jones v. United States

    207 F.2d 563 (2d Cir. 1953)   Cited 47 times
    In Jones v. United States, 207 F.2d 563 (2d Cir. 1953), cert. denied, 347 U.S. 921, 74 S.Ct. 518, 98 L.Ed. 1075 (1954), plaintiffs sought damages for an alleged misrepresentation by the Director of the United States Geological Survey as to the oil production potential of certain realty which the United States had leased to a corporation in which plaintiffs were substantial stockholders.

  10. Westcott v. United States Dept. of Agriculture

    765 F.2d 121 (8th Cir. 1985)   Cited 7 times

    No. 84-2510. Submitted June 11, 1985. Decided June 19, 1985. Michael O. Johanns, Lincoln, Neb., for appellant. Al J. Daniel, Jr., Dept. of Justice, Washington, D.C., for appellees. Appeal from the United States District Court for the District of Nebraska; Warren K. Urbom, Judge. Before ARNOLD, Circuit Judge, PHILLIPS, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge. The Hon. Harry Phillips, Senior United States Circuit Judge for the Sixth Circuit, sitting by designation. PER CURIAM. In this

  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 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

  12. 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"

  13. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,679 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

  14. 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

  15. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,425 times   2 Legal Analyses
    Specifying scope of United States' liability

  16. Section 2201 - Establishment of Department

    7 U.S.C. § 2201   Cited 11 times

    There shall be at the seat of government a Department of Agriculture, the general design and duties of which shall be to acquire and to diffuse among the people of the United States useful information on subjects connected with agriculture, rural development, aquaculture, and human nutrition, in the most general and comprehensive sense of those terms, and to procure, propagate, and distribute among the people new and valuable seeds and plants. 7 U.S.C. § 2201 R.S. §520; Pub. L. 92-419, title VI,