47 Cited authorities

  1. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,199 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees
  2. United States v. Dalm

    494 U.S. 596 (1990)   Cited 1,035 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
  3. Gould Elecs. Inc. v. U.S.

    220 F.3d 169 (3d Cir. 2000)   Cited 2,638 times   1 Legal Analyses
    Holding that the phrase "law of the place" in the sixth prong of § 1346(b) is jurisdictional
  4. U.S. v. White Mountain Apache Tribe

    537 U.S. 465 (2003)   Cited 444 times
    Holding that where one statute provides for a waiver of sovereign immunity to enforce a separate statute, the latter statute is not subject to the strict construction principle
  5. Dugan v. Rank

    372 U.S. 609 (1963)   Cited 1,070 times   1 Legal Analyses
    Holding that "a suit is against the sovereign if 'the judgment sought would expend itself on the public treasury or domain, or interfere with the public administration.'"
  6. Arizona v. Manypenny

    451 U.S. 232 (1981)   Cited 471 times   1 Legal Analyses
    Finding jurisdiction under 28 U.S.C. § 1291, even though the government had invoked 18 U.S.C. § 3731 in its jurisdictional statement
  7. Clinton v. Goldsmith

    526 U.S. 529 (1999)   Cited 210 times   2 Legal Analyses
    Holding that a lower court’s injunction was neither " ‘in aid of’ its ... jurisdiction ... nor ‘necessary or appropriate’ " under the All Writs Act because there were "alternative remedies available"
  8. Orff v. United States

    545 U.S. 596 (2005)   Cited 96 times   2 Legal Analyses
    Holding that the government had not waived its sovereign immunity with respect to suits brought by farmers claiming third-party beneficiary status
  9. Palmer v. City National Bank

    498 F.3d 236 (4th Cir. 2007)   Cited 107 times
    Concluding that "the plain language of § 1441(f) limits the abrogation of derivative jurisdiction to removals under § 1441"
  10. Megapulse, Inc. v. Lewis

    672 F.2d 959 (D.C. Cir. 1982)   Cited 184 times
    Holding that "an action against the United States which is at its essence a contract claim lies within the Tucker Act and that a district court has no power to grant injunctive relief in such a case."
  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 345,715 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. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,005 times   149 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,035 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 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,113 times   87 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"
  15. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,638 times   64 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706
  16. Section 1003 - Coverage

    29 U.S.C. § 1003   Cited 1,614 times   8 Legal Analyses
    Defining employee benefit plan governed by ERISA
  17. Section 1071 - Purpose of this chapter

    10 U.S.C. § 1071   Cited 85 times   1 Legal Analyses
    Providing for "an improved and uniform program of medical and dental care for members and certain former members of [the armed] services, and for their dependents"
  18. Section 1086 - Contracts for health benefits for certain members, former members, and their dependents

    10 U.S.C. § 1086   Cited 15 times
    Establishing the authority for the Department of Defense to contract for health insurance for retirees under the same basis established ten years earlier for active duty dependents by 10 U.S.C. § 1079 and further providing that a person who was entitled to Medicare insurance would not be eligible for the insurance program established for retirees, except for those benefits established under the Department of Defense programs that were not covered by Medicare
  19. Section 1073 - Administration of this chapter

    10 U.S.C. § 1073   Cited 9 times

    (a) RESPONSIBLE OFFICIALS.- (1) Except as otherwise provided in this chapter, the Secretary of Defense shall administer this chapter for the armed forces under his jurisdiction, the Secretary of Homeland Security shall administer this chapter for the Coast Guard when the Coast Guard is not operating as a service in the Navy, and the Secretary of Health and Human Services shall administer this chapter for the National Oceanic and Atmospheric Administration and the Public Health Service. This chapter

  20. Section 199.1 - General provisions

    32 C.F.R. § 199.1   Cited 26 times

    (a)Purpose. This part prescribes guidelines and policies for the administration of the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) for the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard, the Commissioned Corps of the U.S. Public Health Service (USPHS) and the Commissioned Corps of the National Oceanic and Atmospheric Administration (NOAA). (b)Applicability - (1)Geographic. This part is applicable geographically within the 50 States of the United States

  21. Appendix A to Part 199 - Acronyms

    32 C.F.R. § 199 app A to Part 199   Cited 16 times

    AFR-Air Force Regulation AR-Army Regulation ASD (HA)-Assistant Secretary of Defense (Health Affairs) CCLR-Claims Collection Litigation Report CEOB-CHAMPUS Explanation of Benefits CFR-Code of Federal Regulations CHAMPUS-Civilian Health and Medical Program of the Uniformed Services CRD-Chronic Renal Disease CT-Computerized Tomography DASD (A)-Deputy Assistant Secretary of Defense (Administration) D.D.S.-Doctor of Dental Surgery DEERS-Defense Enrollment Eligibility Reporting System DHHS-Department of