26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,314 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,068 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  4. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,765 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
  5. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,103 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
  6. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,271 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"
  7. United States v. Orleans

    425 U.S. 807 (1976)   Cited 1,245 times   1 Legal Analyses
    Holding that a community action agency did not act as a federal agent or instrumentality for purposes of the FTCA even though the agency was organized under federal regulations and was heavily funded by the federal government
  8. White v. Lee

    227 F.3d 1214 (9th Cir. 2000)   Cited 2,096 times   1 Legal Analyses
    Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”
  9. Gilbert v. DaGrossa

    756 F.2d 1455 (9th Cir. 1985)   Cited 526 times
    Holding that a suit alleging civil and constitutional claims against IRS employees in their official capacity is a suit against the United States and is barred by sovereign immunity absent statutory waiver
  10. Black v. U.S.

    492 F.3d 1084 (9th Cir. 2007)   Cited 179 times
    Holding that § 2410 did not waive sovereign immunity when the government exercised a right of setoff against a taxpayer's money judgement which was in the hands of the IRS
  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 348,617 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. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,558 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,145 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  14. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,170 times   48 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  15. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,418 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  16. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,121 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  17. Section 1715z-20 - Insurance of home equity conversion mortgages for elderly homeowners

    12 U.S.C. § 1715z-20   Cited 102 times   11 Legal Analyses
    Defining a HECM
  18. Section 3751 - Findings and purpose

    12 U.S.C. § 3751   Cited 25 times
    Providing that "[t]he purpose of this chapter is to create a uniform Federal foreclosure remedy for single family mortgages that" are held or secured by the HUD Secretary pursuant to Title I or Title II of the National Housing Act.
  19. Section 206.27 - Mortgage provisions

    24 C.F.R. § 206.27   Cited 43 times   1 Legal Analyses

    (a)Form. The mortgage shall be in a form meeting the requirements of the Commissioner. (b)Provisions. The terms of the mortgage shall contain an explanation of how payments will be made to the borrower, how interest will be charged, and when the mortgage will be due and payable. The mortgage shall include a provision deferring the due and payable status that occurs because of the death of the last surviving borrower for an Eligible Non-Borrowing Spouse. It shall also contain provisions designed to

  20. Section 206.33 - Age of borrower

    24 C.F.R. § 206.33   Cited 13 times

    The youngest borrower shall be 62 years of age or older at the time of loan closing. 24 C.F.R. §206.33 82 FR 7117, 9/19/2017

  21. Section 206.107 - Mortgagee election of assignment or shared premium option

    24 C.F.R. § 206.107   Cited 5 times

    (a)Election of option. Before the mortgage is submitted for insurance endorsement, the mortgagee shall elect either the assignment option or the shared premium option. (1) Under the assignment option, the mortgagee shall have the option of assigning the mortgage to the Commissioner if the outstanding loan balance is equal to or greater than 98 percent of the maximum claim amount, regardless of the deferral status, or the borrower has requested a payment which exceeds the difference between the maximum