45 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,413 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,161 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' "
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,235 times 5 Legal Analyses
Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
Whren v. United States
517 U.S. 806 (1996) Cited 8,664 times 38 Legal Analyses
Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,069 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"
Demore v. Kim
538 U.S. 510 (2003) Cited 1,684 times 13 Legal Analyses
Holding that mandatory detention of noncitizens convicted of a wide variety of offenses does not violate the Due Process Clause
Reno v. Flores
507 U.S. 292 (1993) Cited 1,748 times 2 Legal Analyses
Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing
United States v. Kubrick
444 U.S. 111 (1979) Cited 2,597 times 1 Legal Analyses
Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,599 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
Stock West, Inc. v. Confederated Tribes
873 F.2d 1221 (9th Cir. 1989) Cited 1,362 times
Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for 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 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
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,150 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,710 times 12 Legal Analyses
Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,226 times 27 Legal Analyses
Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
Section 1226 - Apprehension and detention of aliens
8 U.S.C. § 1226 Cited 3,176 times 22 Legal Analyses
Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"
Section 1357 - Powers of immigration officers and employees
8 U.S.C. § 1357 Cited 662 times 8 Legal Analyses
Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.
Section 14.2 - Administrative claim; when presented
28 C.F.R. § 14.2 Cited 1,204 times
Setting forth the procedures for presenting a claim under the FTCA

Kim v. United States of America

45 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that, upon observing traffic violation, officer may stop vehicle regardless of his subjective motivations, "as long as the circumstances, viewed objectively, justify that action"

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"

Holding that mandatory detention of noncitizens convicted of a wide variety of offenses does not violate the Due Process Clause

Holding that, in the immigration context, minors aged sixteen or seventeen are not "too young or too ignorant to exercise" their right to make a revocable waiver of a removal or deportation hearing

Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual

Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for 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"

Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA

Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

Ruling that no court may set aside an immigration judge's "discretionary judgment any action or decision . . . regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole"

Granting immigration enforcement authority to state or local government officials in a formal agreement with a state or local government.

Setting forth the procedures for presenting a claim under the FTCA