§Why CasetextPricing

Gill et al v. Office of Personnel Management et al

REPLY to Response to 20 MOTION to Dismiss

65 Cited authorities

  1. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,760 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  2. Deshaney v. Winnebago Cty. Soc. Servs. Dept

    489 U.S. 189 (1989)   Cited 5,625 times   8 Legal Analyses
    Holding that negligence by a county social services department which left a child permanently brain damaged by his abusive father did not shock the conscience

  3. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,764 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  4. Heller v. Doe

    509 U.S. 312 (1993)   Cited 2,343 times   1 Legal Analyses
    Holding that courts must accept a legislature's generalizations under rational basis review "even when there is an imperfect fit between means and ends" or where the classification "is not made with mathematical nicety"

  5. Federal Communications Commission v. Beach Communications, Inc.

    508 U.S. 307 (1993)   Cited 2,230 times   7 Legal Analyses
    Holding that a law survives rational basis review so long as there is "any reasonably conceivable state of facts that could provide a rational basis for the classification"

  6. FW/PBS, Inc. v. City of Dallas

    493 U.S. 215 (1990)   Cited 2,372 times   2 Legal Analyses
    Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

  7. Stanley v. Illinois

    405 U.S. 645 (1972)   Cited 5,110 times   3 Legal Analyses
    Holding that Illinois could not automatically designate the children of unwed parents as wards of the state upon the death of the mother because fathers of children born out of wedlock have a "cognizable and substantial" "interest in retaining custody of [their] children" under the Constitution

  8. Ankenbrandt v. Richards

    504 U.S. 689 (1992)   Cited 1,851 times   1 Legal Analyses
    Holding that divorce, alimony, and child custody decrees fall under "domestic relations exception" to federal courts' subject matter jurisdiction

  9. Lawrence v. Texas

    539 U.S. 558 (2003)   Cited 1,153 times   33 Legal Analyses
    Holding statute that criminalizes two persons of same sex engaging in intimate sexual conduct unconstitutional under the Fourteenth Amendment

  10. U.S. v. Morrison

    529 U.S. 598 (2000)   Cited 1,268 times   10 Legal Analyses
    Holding that Congress exceeded its interstate commerce powers in enacting a civil remedy for victims of gender-motivated violence

  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 346,583 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

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,096 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit

    28 U.S.C. § 1295   Cited 8,318 times   92 Legal Analyses
    Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals

  14. Section 7703 - Judicial review of decisions of the Merit Systems Protection Board

    5 U.S.C. § 7703   Cited 3,639 times   6 Legal Analyses
    Granting sixty days to appeal a decision of the MSPB

  15. Section 8901 - Definitions

    5 U.S.C. § 8901   Cited 327 times   3 Legal Analyses
    Defining "carrier" as an organization "lawfully engaged in providing, paying for, or reimbursing the cost of, health services . . . in consideration of premiums or other periodic charges payable to the carrier"

  16. Section 7 - Marriage

    1 U.S.C. § 7   Cited 152 times   9 Legal Analyses
    Containing no money-mandating provisions

  17. Section 8905 - Election of coverage

    5 U.S.C. § 8905   Cited 25 times

    (a) An employee may enroll in an approved health benefits plan described in section 8903 or 8903a- (1) as an individual; (2) for self plus one; or (3) for self and family. (b) An annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter- (1) as an employee for a period of not less than- (A) the 5 years of service immediately before retirement; (B) the full period or periods of service between the last day of the first period, as prescribed by regulations

  18. Section 890.302 - Coverage of family members

    5 C.F.R. § 890.302   Cited 3 times

    (a) (1)Enrollment. An enrollment for self plus one includes the enrollee and one eligible family member. An enrollment for self and family includes all family members who are eligible to be covered by the enrollment except as provided in § 890.308(h) . Proof of family member eligibility may be required, and must be provided upon request, to the carrier, the employing office, or OPM. Except as provided in paragraph (a)(2) of this section, no employee, former employee, annuitant, child, or former spouse

  19. Section 890.304 - Termination of enrollment

    5 C.F.R. § 890.304   Cited 2 times

    (a)Employees. (1) An employee's enrollment terminates, subject to the temporary extension of coverage for conversion, at midnight of the earliest of the following dates: (i) The last day of the pay period in which he/she is separated from the service other than by retirement under conditions entitling him/her to continue his/her enrollment. (ii) The last day of the pay period in which he or she separates after meeting the requirements for an immediate annuity under § 842.204(a)(1) of this chapter

  20. Section 831.104 - Application

    5 C.F.R. § 831.104   Cited 1 times

    (a) Except as provided in paragraph (b) of this section, applications under subchapter III of chapter 83 of title 5, United States Code, shall be filed with OPM and shall be on forms prescribed by OPM. (b) Applications to make deposit for military service shall be filed in accordance with subpart U of this part. 5 C.F.R. §831.104 48 FR 38783, Aug. 26, 1983