37 Cited authorities

Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,033 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
United States v. Gaubert
499 U.S. 315 (1991) Cited 2,382 times 1 Legal Analyses
Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”
United States v. Kubrick
444 U.S. 111 (1979) Cited 2,590 times
Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,067 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Brown v. General Services Administration
425 U.S. 820 (1976) Cited 2,244 times
Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,675 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
Safe Air for Everyone v. Meyer
373 F.3d 1035 (9th Cir. 2004) Cited 3,220 times 1 Legal Analyses
Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"
Sprewell v. Golden State Warriors
275 F.3d 1187 (9th Cir. 2001) Cited 621 times
Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA
Nichols v. Azteca Rest. Enters., Inc.
256 F.3d 864 (9th Cir. 2001) Cited 556 times 2 Legal Analyses
Holding employer liable where its "solution" failed "to deter future harassment"
Association of American Medical Coll. v. U.S.
217 F.3d 770 (9th Cir. 2000) Cited 505 times
Holding that a letter from the general counsel of the Department of Health and Human Services was not final where facts remained to be developed
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 346,070 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,044 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2000e-3 - Other unlawful employment practices
42 U.S.C. § 2000e-3 Cited 14,431 times 43 Legal Analyses
Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,370 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,681 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
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,193 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 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 4,936 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"
Section 2674 - Liability of United States
28 U.S.C. § 2674 Cited 4,429 times 2 Legal Analyses
Specifying scope of United States' liability
Section 2302 - Prohibited personnel practices
5 U.S.C. § 2302 Cited 1,488 times 20 Legal Analyses
Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"

Gartner v. United States of America

37 Cited authorities

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”

Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that federal employee who missed deadline for filing Title VII claim could not bring suit based on alleged discriminatory conduct under Declaratory Judgment Act

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

Affirming district court's order dismissing a petition to vacate under Rule 12(b) on the basis that the arbitrator's decision drew its essence from the CBA

Holding employer liable where its "solution" failed "to deter future harassment"

Holding that a letter from the general counsel of the Department of Health and Human Services was not final where facts remained to be developed

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

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

Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

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

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

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Specifying scope of United States' liability

Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"