64 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 times 280 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 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' "
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,036 times 138 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"
Arbaugh v. Y H Corp.
546 U.S. 500 (2006) Cited 7,909 times 27 Legal Analyses
Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,820 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,058 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"
Bivens v. Six Unknown Fed. Narcotics Agents
403 U.S. 388 (1971) Cited 25,980 times 27 Legal Analyses
Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
Daimlerchrysler Corp. v. Cuno
547 U.S. 332 (2006) Cited 2,681 times 7 Legal Analyses
Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact
Hartman v. Moore
547 U.S. 250 (2006) Cited 2,233 times 1 Legal Analyses
Holding that a Bivens remedy may be available for malicious prosecution, but the plaintiff had to allege and prove lack of probable cause
Lane v. Pena
518 U.S. 187 (1996) Cited 1,883 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"
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 489,827 times 693 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 348,148 times 929 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1346 - United States as defendant
28 U.S.C. § 1346 Cited 24,127 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 1001 - Statements or entries generally
18 U.S.C. § 1001 Cited 7,360 times 303 Legal Analyses
Making false statements
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,220 times 26 Legal Analyses
Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
Section 2679 - Exclusiveness of remedy
28 U.S.C. § 2679 Cited 5,358 times 5 Legal Analyses
Granting tort immunity to federal agency employees
Section 1038 - False information and hoaxes
18 U.S.C. § 1038 Cited 188 times 3 Legal Analyses
Prohibiting knowing false statements claiming that terrorist attacks have taken, are taking, or will take, place
Section 510 - Delegation of authority
28 U.S.C. § 510 Cited 164 times 1 Legal Analyses
Permitting the Attorney General to subdelegate any of the office's functions
Section 938 - Art. 138. Complaints of wrongs
10 U.S.C. § 938 Cited 84 times
Providing complaint procedure for "[a]ny member of the armed forces who believes himself wronged by his commanding officer"
Section 1034 - Protected communications; prohibition of retaliatory personnel actions
10 U.S.C. § 1034 Cited 77 times 2 Legal Analyses
Requiring an applicant show a protected communication, prior to adverse action, that was a negative personnel decision, that was connected to the protected communication
Section 15.4 - Removal and defense of suits
28 C.F.R. § 15.4 Cited 268 times
Delegating the certification decision to the United States Attorneys

Mackall v. Lemasters, Jr., et Al.

64 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

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"

Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

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"

Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

Holding that a Bivens remedy may be available for malicious prosecution, but the plaintiff had to allege and prove lack of probable cause

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"

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

Making false statements

Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

Granting tort immunity to federal agency employees

Prohibiting knowing false statements claiming that terrorist attacks have taken, are taking, or will take, place

Permitting the Attorney General to subdelegate any of the office's functions

Providing complaint procedure for "[a]ny member of the armed forces who believes himself wronged by his commanding officer"

Requiring an applicant show a protected communication, prior to adverse action, that was a negative personnel decision, that was connected to the protected communication

Delegating the certification decision to the United States Attorneys