§Why CasetextPricing

Gartner v. United States of America

Motion to Dismiss for Lack of Jurisdiction and Failure to State a Claim AND Memorandum in Support.

37 Cited authorities

  1. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,188 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  2. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,434 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”

  3. United States v. Kubrick

    444 U.S. 111 (1979)   Cited 2,630 times   1 Legal Analyses
    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

  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,243 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  5. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,901 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"

  6. Brown v. General Services Administration

    425 U.S. 820 (1976)   Cited 2,268 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

  7. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,395 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"

  8. Sprewell v. Golden State Warriors

    275 F.3d 1187 (9th Cir. 2001)   Cited 656 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

  9. Nichols v. Azteca Rest. Enters., Inc.

    256 F.3d 864 (9th Cir. 2001)   Cited 569 times   2 Legal Analyses
    Holding employer liable where its "solution" failed "to deter future harassment"

  10. Association of American Medical Coll. v. U.S.

    217 F.3d 770 (9th Cir. 2000)   Cited 517 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

  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 359,077 times   954 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 24,523 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 2000e-3 - Other unlawful employment practices

    42 U.S.C. § 2000e-3   Cited 14,803 times   44 Legal Analyses
    Prohibiting retaliation against employees who "oppos[e] any [unlawful] practice"

  14. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,604 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

  15. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,826 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

  16. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,329 times   58 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

  17. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 5,023 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"

  18. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,555 times   2 Legal Analyses
    Specifying scope of United States' liability

  19. Section 2302 - Prohibited personnel practices

    5 U.S.C. § 2302   Cited 1,538 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"