18 Cited authorities

  1. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,755 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
  2. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,203 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees
  3. Department of Army v. Blue Fox, Inc.

    525 U.S. 255 (1999)   Cited 601 times   2 Legal Analyses
    Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy
  4. Lightfoot v. U.S.

    564 F.3d 625 (3d Cir. 2009)   Cited 190 times
    Holding that mailing a FTCA claim does not satisfy the presentment requirement when the agency did not receive the claim
  5. Williams v. East Orange Community Charter School

    396 F. App'x 895 (3d Cir. 2010)   Cited 37 times
    Holding that a claim under the Americans with Disabilities Act, 42 U.S.C. §§ 12101 et seq., was not exhausted through administrative proceedings which only alleged discrimination on the basis of race, religion, and age
  6. 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
  7. Walker v. United States

    616 F. App'x 497 (3d Cir. 2015)   Cited 7 times
    In Walker, the District of Delaware noted the type of equitable tolling Plaintiff seeks here, namely where a plaintiff files an FTCA suit too early before exhausting his administrative remedies.
  8. Smith v. Riley

    Civil No. 14-7247 (NLH/KMW) (D.N.J. Jul. 31, 2015)   Cited 5 times

    Civil No. 14-7247 (NLH/KMW) 07-31-2015 ESTATE OF LYNETTE SMITH, Plaintiff, v. RILEY, D.O., at al. Defendants. APPEARANCES: THOMAS P. CONNELLY, JR., ESQUIRE 2090 MARLTON PIKE EAST CHERRY HILL, NJ 08003 Counsel for Plaintiff PAUL J. FISHMAN UNITED STATES ATTORNEY By ANNE B. TAYLOR, ASSISTANT U.S. ATTORNEY 401 MARKET STREET P.O. BOX 2098 CAMDEN, NJ 08101 Counsel for Defendant United States of America SCOTT C. BUSHELLI, ESQUIRE STAHL & DELAURENTIS, PC 10 E. CLEMENTS BRIDGE ROAD RUNNEMEDE, NJ 08078 Counsel

  9. Lampon-Paz v. Dep't of Homeland Sec.

    532 F. App'x 125 (3d Cir. 2013)   Cited 5 times
    Affirming dismissal of complaint for lack of jurisdiction to the extent it could be construed as an appeal of a decision of the MSPB
  10. Berenato v. U.S.

    Civil No. 06-4355 (RBK) (D.N.J. Oct. 9, 2007)   Cited 2 times
    Explaining that "[t]o bring suit under the FTCA, a plaintiff must first have 'presented the claim to the appropriate Federal agency and his claim shall have been finally denied by the agency"' and that "the Third Circuit courts have construed this administrative exhaustion provision as a nonwaivable jurisdictional requirement"
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 489,703 times   693 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 348,046 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,026 times   247 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  14. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,115 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  15. Section 7703 - Judicial review of decisions of the Merit Systems Protection Board

    5 U.S.C. § 7703   Cited 3,649 times   6 Legal Analyses
    Granting sixty days to appeal a decision of the MSPB
  16. Section 8331 - Definitions

    5 U.S.C. § 8331   Cited 296 times   2 Legal Analyses
    Defining "law enforcement officer" by reference to "offenses against the criminal laws of the United States"
  17. Section 8347 - Administration; regulations

    5 U.S.C. § 8347   Cited 215 times
    Authorizing appeals from final decisions concerning Civil Service Retirement System