§Why CasetextPricing

Lewis v. Court Registry Investment System et al

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,570 times   141 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Will v. Michigan Dept. of State Police

    491 U.S. 58 (1989)   Cited 24,727 times
    Holding that official capacity state officer suits for prospective injunctive relief are suits against a "person" under § 1983 even though a "State" is not a "person" under that statute

  5. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,749 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  6. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,906 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"

  7. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,896 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

  8. Ali v. Fed. Bureau of Prisons

    552 U.S. 214 (2008)   Cited 769 times   2 Legal Analyses
    Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

  9. United States v. Dalm

    494 U.S. 596 (1990)   Cited 1,046 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

  10. McNutt v. Gen. Motors Acceptance Corp.

    298 U.S. 178 (1936)   Cited 5,454 times
    Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim

  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 354,229 times   943 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,350 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  15. Section 2 - Judicial Power and Jurisdiction

    U.S. Const. art. III, § 2   Cited 10,853 times   4 Legal Analyses
    Granting federal courts power only to resolve “cases” and “controversies”

  16. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,417 times   5 Legal Analyses
    Granting tort immunity to federal agency employees

  17. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,233 times   89 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

  18. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,677 times   68 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706

  19. Rule 106 - Forms of Writs Abolished

    C.r.c.p. 106   Cited 450 times

    (a) Habeas Corpus, Mandamus, Quo Warranto, Certiorari, Prohibition, Scire Facias and Other Remedial Writs in the District Court. Special forms of pleadings and writs in habeas corpus, mandamus, quo warranto, certiorari, prohibition, scire facias, and proceedings for the issuance of other remedial writs, as heretofore known, are hereby abolished in the district court. Any relief provided hereunder shall not be available in county courts. In the following cases relief may be obtained in the district

  20. Rule 120 - Orders Authorizing Foreclosure Sale Under Power in a Deed of Trust to the Public Trustee

    C.r.c.p. 120   Cited 128 times

    (a)Motion for Order Authorizing Sale. When an order of court is desired authorizing a foreclosure sale under a power of sale contained in a deed of trust to a public trustee, any person entitled to enforce the deed of trust may file a verified motion in a district court seeking such order. The motion shall be captioned: "Verified Motion for Order Authorizing a Foreclosure Sale under C.R.C.P. 120," and shall be verified by a person with knowledge of the contents of the motion who is competent to testify