18 Cited authorities

  1. Kontrick v. Ryan

    540 U.S. 443 (2004)   Cited 1,676 times   5 Legal Analyses
    Holding that time limit for objection in bankruptcy proceedings is not jurisdictional but instead a claim-processing rule
  2. Ramming v. U.S.

    281 F.3d 158 (5th Cir. 2001)   Cited 3,411 times
    Holding that a court ruling on a Rule 12(b) motion may evaluate “ the complaint alone, the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts”
  3. Bush v. Lucas

    462 U.S. 367 (1983)   Cited 1,351 times
    Holding that a federal employee demoted for exercising his First Amendment rights did not have a Bivens claim
  4. United States v. Fausto

    484 U.S. 439 (1988)   Cited 745 times   1 Legal Analyses
    Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act
  5. McDonal v. Abbott Laboratories

    408 F.3d 177 (5th Cir. 2005)   Cited 752 times
    Holding that claims against vaccine manufacturers were subject to the Vaccine Act but claims against Thimerosal manufacturers were not; therefore, the cause was properly removed based on a fraudulent joinder theory
  6. Coury v. Prot

    85 F.3d 244 (5th Cir. 1996)   Cited 853 times
    Holding that a state's citizens are citizens of the United States domiciled in that state
  7. Barrera-Montenegro v. U.S.

    74 F.3d 657 (5th Cir. 1996)   Cited 703 times
    Holding that, in ruling on a 12(b) motion, the court may examine evidence outside the pleadings
  8. Hitt v. City of Pasadena

    561 F.2d 606 (5th Cir. 1977)   Cited 835 times
    Holding that where there are grounds for dismissal under Rule 12(b) for lack of jurisdiction and under Rule 12(b) for failure to state a claim on which relief can be granted, the "court should dismiss only on the jurisdictional ground . . . without reaching the question of failure to state a claim"
  9. Den Norske Stats Oljeselskap As v. HeereMac Vof

    241 F.3d 420 (5th Cir. 2001)   Cited 393 times
    Holding that a foreign plaintiff injured in a foreign marketplace must show that a substantial domestic effect on United State commerce "gives rise" to its antitrust claim
  10. Rivera v. U.S.

    924 F.2d 948 (9th Cir. 1991)   Cited 100 times
    Holding that "courts lack subject matter jurisdiction to hear constitutional damage claims against the United States, because the United States has not waived sovereign immunity with respect to such claims."
  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 348,708 times   930 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 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,420 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  13. Section 2302 - Prohibited personnel practices

    5 U.S.C. § 2302   Cited 1,496 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"
  14. Section 1101 - Office of Personnel Management

    5 U.S.C. § 1101   Cited 314 times   3 Legal Analyses

    The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations. 1 As amended July 11, 1978. 5 U.S.C. § 1101 Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 398; Pub. L. 95-454, title II, §201(a), Oct. 13, 1978, 92 Stat. 1119. HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised

  15. Section 2301 - Merit system principles

    5 U.S.C. § 2301   Cited 279 times   3 Legal Analyses
    Stating that federal employees "should receive fair and equitable treatment in all aspects of personnel management"