56 Cited authorities

Pace v. Diguglielmo
544 U.S. 408 (2005) Cited 13,087 times 8 Legal Analyses
Holding that a five-month delay demonstrated a lack of diligence
Lindh v. Murphy
521 U.S. 320 (1997) Cited 11,160 times 29 Legal Analyses
Holding that the statutory language must be "so clear that it [can] sustain only one interpretation" favoring retroactivity
Bowles v. Russell
551 U.S. 205 (2007) Cited 3,603 times 19 Legal Analyses
Holding that "unique circumstances" doctrine may not excuse untimely filing of appeal in civil case
Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,855 times 34 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
Robinson v. Shell Oil Co.
519 U.S. 337 (1997) Cited 2,516 times 16 Legal Analyses
Holding that the term “employees” carries a different meaning in different sections of Title VII
Immigration & Naturalization Service v St. Cyr
533 U.S. 289 (2001) Cited 1,448 times 1 Legal Analyses
Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions
Ali v. Fed. Bureau of Prisons
552 U.S. 214 (2008) Cited 775 times 2 Legal Analyses
Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act
Henderson v. United States
517 U.S. 654 (1996) Cited 985 times 1 Legal Analyses
Holding that the 120-day provision in Rule 4 is not jurisdictional and may be extended at the discretion of the district court
United States v. Dalm
494 U.S. 596 (1990) Cited 1,051 times
Holding that 26 U.S.C. § 6511, which, when read with 26 U.S.C. § 7422, includes “may not be maintained” language, is jurisdictional
John R. Sand & Gravel Co. v. United States
552 U.S. 130 (2008) Cited 551 times 2 Legal Analyses
Holding § 2501 jurisdictional
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 357,280 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 161,761 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,451 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,830 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 2674 - Liability of United States
28 U.S.C. § 2674 Cited 4,545 times 2 Legal Analyses
Specifying scope of United States' liability
Section 7422 - Civil actions for refund
26 U.S.C. § 7422 Cited 2,533 times 13 Legal Analyses
Granting a tax payer a cause of action related to a claim for a refund
Section 1605 - General exceptions to the jurisdictional immunity of a foreign state
28 U.S.C. § 1605 Cited 1,932 times 54 Legal Analyses
Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991
Section 2107 - Time for appeal to court of appeals
28 U.S.C. § 2107 Cited 1,404 times 23 Legal Analyses
Allowing reopening for “14 days from the date of entry”
Section 6511 - Limitations on credit or refund
26 U.S.C. § 6511 Cited 1,390 times 23 Legal Analyses
Incorporating by reference § 6511
Section 2501 - Time for filing suit
28 U.S.C. § 2501 Cited 836 times 4 Legal Analyses
Determining the statute of limitations for filing an action in the United States Court of Federal Claims

HARRIS et al v. SOCIALIST PEOPLE'S LIBYAN ARAB JAMAHIRIYA et al

56 Cited authorities

Holding that a five-month delay demonstrated a lack of diligence

Holding that the statutory language must be "so clear that it [can] sustain only one interpretation" favoring retroactivity

Holding that "unique circumstances" doctrine may not excuse untimely filing of appeal in civil case

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding that the term “employees” carries a different meaning in different sections of Title VII

Holding that title of provision, "Elimination of Custody Review by Habeas Corpus," along with broad statement of intent to preclude review, was not sufficient to bar review of habeas corpus petitions

Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

Holding that the 120-day provision in Rule 4 is not jurisdictional and may be extended at the discretion of the district court

Holding that 26 U.S.C. § 6511, which, when read with 26 U.S.C. § 7422, includes “may not be maintained” language, is jurisdictional

Holding § 2501 jurisdictional

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Specifying scope of United States' liability

Granting a tax payer a cause of action related to a claim for a refund

Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

Allowing reopening for “14 days from the date of entry”

Incorporating by reference § 6511

Determining the statute of limitations for filing an action in the United States Court of Federal Claims