10 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 1,925 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
  4. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 2,999 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States
  5. Theunissen v. Matthews

    935 F.2d 1454 (6th Cir. 1991)   Cited 971 times   2 Legal Analyses
    Holding that plaintiff need only make a prima facie showing of personal jurisdiction where the district court allowed no discovery and decided the motion on the basis of factually conflicting affidavits
  6. Kohl v. United States

    699 F.3d 935 (6th Cir. 2012)   Cited 33 times
    Holding that "[t]he planning and execution of the research experiment is susceptible to policy analysis, including judgments about . . . level of safety precautions to take, and how best to execute the experiment"
  7. 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 269,826 times   783 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  8. Section 1915 - Proceedings in forma pauperis

    28 U.S.C. § 1915   Cited 223,098 times   36 Legal Analyses
    Holding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
  9. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 123,226 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  10. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 6,040 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement