§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 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 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' "

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,266 times   139 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 24,503 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 3,728 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 1,894 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 5,816 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 762 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 1,044 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 5,420 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 351,086 times   937 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 158,801 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 70,485 times   126 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 24,222 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 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,386 times   5 Legal Analyses
    Granting tort immunity to federal agency employees

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

    28 U.S.C. § 1442   Cited 5,185 times   89 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

  17. Section 2 - Judicial Power and Jurisdiction

    U.S. Const. art. III, § 2   Cited 10,716 times   4 Legal Analyses
    Granting federal courts power only to resolve “cases” and “controversies”

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

    28 U.S.C. § 1491   Cited 4,660 times   68 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706

  19. Rule 106 - Forms of Writs Abolished

    Colo. R. Civ. P. 106   Cited 431 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

    Colo. R. Civ. P. 120   Cited 125 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