17 Cited authorities

McNeil v. United States
508 U.S. 106 (1993) Cited 6,676 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
United States v. Testan
424 U.S. 392 (1976) Cited 2,197 times
Holding that Back Pay Act does not provide a remedy for misclassified federal employees
United States v. Dalm
494 U.S. 596 (1990) Cited 1,035 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
United States v. Sherwood
312 U.S. 584 (1941) Cited 3,390 times
Holding that the Claims Court lacked jurisdiction over claims that are not against United States
Couden v. Duffy
446 F.3d 483 (3d Cir. 2006) Cited 584 times
Holding that sua sponte grant of summary judgment to certain non-moving defendants was allowable where plaintiffs had responded to summary judgment motions involving identical issues
U.S. v. Shipbuilding
473 F.3d 506 (3d Cir. 2007) Cited 490 times 1 Legal Analyses
Holding that where "it would not have been futile to replead dismissed claims but those claims are nevertheless omitted from an amended pleading, the right to challenge the basis for dismissal on appeal is waived"
Cestonaro v. U.S.
211 F.3d 749 (3d Cir. 2000) Cited 166 times
Holding asserted negligence in failure to provide adequate lighting or warning in federally controlled parking lot not shielded by discretionary function exception
Jaffee v. United States
592 F.2d 712 (3d Cir. 1979) Cited 272 times 1 Legal Analyses
Finding that Bivens does not authorize suits against the government itself
Bialowas v. United States
443 F.2d 1047 (3d Cir. 1971) Cited 309 times
Holding that presentation of the claim to the appropriate federal agency and a final denial by that agency as a jurisdictional prerequisite to suit under the FTCA
Wadhwa v. Nicholson
367 F. App'x 322 (3d Cir. 2010) Cited 36 times
Holding an FTCA action filed after the plaintiffs submitted an administrative claim, but before they received a final denial of the claim, was properly dismissed for lack of subject matter jurisdiction
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 344,767 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 23,993 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2671 - Definitions
28 U.S.C. § 2671 Cited 9,349 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,059 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,183 times 26 Legal Analyses
Setting the limitations period at six years

Jones v. The United States of America et al

17 Cited authorities

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

Holding that Back Pay Act does not provide a remedy for misclassified federal employees

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 that the Claims Court lacked jurisdiction over claims that are not against United States

Holding that sua sponte grant of summary judgment to certain non-moving defendants was allowable where plaintiffs had responded to summary judgment motions involving identical issues

Holding that where "it would not have been futile to replead dismissed claims but those claims are nevertheless omitted from an amended pleading, the right to challenge the basis for dismissal on appeal is waived"

Holding asserted negligence in failure to provide adequate lighting or warning in federally controlled parking lot not shielded by discretionary function exception

Finding that Bivens does not authorize suits against the government itself

Holding that presentation of the claim to the appropriate federal agency and a final denial by that agency as a jurisdictional prerequisite to suit under the FTCA

Holding an FTCA action filed after the plaintiffs submitted an administrative claim, but before they received a final denial of the claim, was properly dismissed for lack of subject matter jurisdiction

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

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

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

Setting forth FTCA's administrative exhaustion requirement

Setting the limitations period at six years