§Why CasetextPricing

Lewis et al v. United States of America et al

MOTION to Dismiss for Lack of Subject Matter Jurisdiction

40 Cited authorities

  1. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,007 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"

  2. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,872 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

  3. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,626 times   2 Legal Analyses
    Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"

  4. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,329 times
    Holding that the United States does not have a specific fiduciary obligation to manage timber resources on allotted lands, held in trust for Indian-allotees

  5. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,952 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

  6. Library of Congress v. Shaw

    478 U.S. 310 (1986)   Cited 625 times   1 Legal Analyses
    Holding that Title VII conditions on waiver must be strictly construed

  7. United States v. Sherwood

    312 U.S. 584 (1941)   Cited 3,398 times
    Holding that the Claims Court lacked jurisdiction over claims that are not against United States

  8. United States v. King

    395 U.S. 1 (1969)   Cited 1,035 times
    Holding that waiver of sovereign immunity “cannot be implied but must be unequivocally expressed”

  9. Feres v. United States

    340 U.S. 135 (1950)   Cited 1,443 times   7 Legal Analyses
    Holding that "the Government is not liable under the Federal Tort Claims Act for injuries to servicemen where the injuries arise out of or are in the course of activity incident to service"

  10. Shipping Financial Services Corp. v. Drakos

    140 F.3d 129 (2d Cir. 1998)   Cited 799 times
    Holding that in considering a 12(b) motion to dismiss for want of subject matter jurisdiction, a court must assume as true factual allegations in the complaint

  11. 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 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,025 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,041 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  14. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,033 times   17 Legal Analyses
    Permitting the use of declarations instead

  15. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,368 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

  16. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,334 times   5 Legal Analyses
    Granting tort immunity to federal agency employees

  17. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,427 times   2 Legal Analyses
    Specifying scope of United States' liability