§Why CasetextPricing

Golinski v. United States Office of Personnel Management

REPLY to Response to Motion 49 to Dismiss Plaintiff's First Amended Complaint

34 Cited authorities

  1. Chambers v. Nasco, Inc.

    501 U.S. 32 (1991)   Cited 9,221 times   14 Legal Analyses
    Holding that courts "may bar from the courtroom a criminal defendant who disrupts a trial" may "assess attorney fees when a party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons," and "may act sua sponte to dismiss a suit for failure to prosecute"

  2. Link v. Wabash Railroad Co.

    370 U.S. 626 (1962)   Cited 23,649 times   4 Legal Analyses
    Holding that Rule 41(b)'s allowance for a party to move to dismiss for failure to prosecute did not implicitly abrogate the court's power to dismiss sua sponte

  3. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,874 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

  4. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,628 times   2 Legal Analyses
    Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"

  5. Heckler v. Ringer

    466 U.S. 602 (1984)   Cited 1,751 times   2 Legal Analyses
    Holding that plaintiffs' claims were not wholly collateral to a statutory scheme of administrative and judicial review of Medicare payment decisions, where plaintiffs' constitutional and statutory challenge to an agency's procedure for reaching payment decisions was "at bottom" an attempt to reverse the agency's decision to deny payment

  6. Block v. North Dakota

    461 U.S. 273 (1983)   Cited 976 times   1 Legal Analyses
    Holding that “Congress intended the QTA to provide the exclusive means by which adverse claimants could challenge the United States' title to real property”

  7. Degen v. United States

    517 U.S. 820 (1996)   Cited 621 times   2 Legal Analyses
    Holding that the doctrine cannot be used to enter summary judgment in favor of the government in a civil forfeiture case

  8. Lehman v. Nakshian

    453 U.S. 156 (1981)   Cited 1,013 times
    Holding that exceptions to the limitations and conditions upon which the Government consents to be sued "are not to be implied"

  9. Young v. United States ex rel. Vuitton et Fils S. A.

    481 U.S. 787 (1987)   Cited 741 times   1 Legal Analyses
    Holding that appointment of an interested prosecutor is a structural defect

  10. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 3,399 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States

  11. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,563 times   4 Legal Analyses
    Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

  12. Section 5596 - Back pay due to unjustified personnel action

    5 U.S.C. § 5596   Cited 494 times
    Authorizing back pay awards to employees “affected by an unjustified or unwarranted personnel action”

  13. Section 7 - Marriage

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

  14. Section 332 - Judicial councils of circuits

    28 U.S.C. § 332   Cited 148 times   1 Legal Analyses
    Permitting a circuit court council to modify a local rule that is “found inconsistent” with rules promulgated by the Supreme Court

  15. Section 2104 - Officer

    5 U.S.C. § 2104   Cited 25 times
    Defining "officer"