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IN RE: DEPARTMENT OF VETERANS AFFAIRS (VA) DATA THEFT LITIGATION - MDL 1796

Memorandum in opposition to re MOTION to Dismiss or, in the Alternative MOTION for Summary Judgment

8 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,179 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. Browning v. Clinton

    292 F.3d 235 (D.C. Cir. 2002)   Cited 1,361 times
    Holding that when a tortious interference claim is based solely on allegedly defamatory remarks, it is "intertwined" with plaintiff's defamation claim and therefore subject to the same one-year statute of limitations

  3. Czekalski v. Peters

    475 F.3d 360 (D.C. Cir. 2007)   Cited 582 times   2 Legal Analyses
    Holding that a court must "eschew making credibility determinations or weighing the evidence" in resolving a motion for summary judgment

  4. Hurd v. United States

    134 F. Supp. 2d 745 (D.S.C. 2001)   Cited 24 times
    Holding that Coast Guard was negligent where it decided to assist, leading others to abandon efforts to assist in the belief that the Coast Guard was handling the situation, then negligently abandoned the rescue effort

  5. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,493 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  6. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,532 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  7. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,856 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

  8. Section 1.576 - General policies, conditions of disclosure, accounting of certain disclosures, and definitions

    38 C.F.R. § 1.576   Cited 4 times

    (a) The Department of Veterans Affairs will safeguard an individual against an invasion of personal privacy. Except as otherwise provided by law or regulation its officials and employees will: (1) Permit an individual to determine what records pertaining to him or her will be collected, maintained, used, or disseminated by the Department of Veterans Affairs. (2) Permit an individual to prevent records pertaining to him or her, obtained by the Department of Veterans Affairs for a particular purpose