24 Cited authorities

Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 18,905 times 5 Legal Analyses
Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
United States v. Mitchell
463 U.S. 206 (1983) Cited 2,620 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"
United States v. Mitchell
445 U.S. 535 (1980) Cited 2,323 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
Safe Air for Everyone v. Meyer
373 F.3d 1035 (9th Cir. 2004) Cited 3,201 times 1 Legal Analyses
Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"
White v. Lee
227 F.3d 1214 (9th Cir. 2000) Cited 2,062 times 1 Legal Analyses
Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”
United States v. Sherwood
312 U.S. 584 (1941) Cited 3,391 times
Holding that the Claims Court lacked jurisdiction over claims that are not against United States
Warren v. Fox Family Worldwide, Inc.
328 F.3d 1136 (9th Cir. 2003) Cited 1,139 times 1 Legal Analyses
Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."
Stock West, Inc. v. Confederated Tribes
873 F.2d 1221 (9th Cir. 1989) Cited 1,340 times
Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"
Flora v. United States
362 U.S. 145 (1960) Cited 661 times
Holding that 28 U.S.C. § 1346 "requires full payment of the assessment before an income tax refund suit can be maintained in a Federal District Court"
Attorneys Trust v. Videotape Computer Prod
93 F.3d 593 (9th Cir. 1996) Cited 710 times
Holding that a prelitigation transfer did not destroy jurisdiction
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 344,855 times 920 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 24,000 times 23 Legal Analyses
Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
Section 6694 - Understatement of taxpayer's liability by tax return preparer
26 U.S.C. § 6694 Cited 286 times 3 Legal Analyses
Understating federal tax liability

Michelle Adams v. United States of America

24 Cited authorities

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

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"

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

Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”

Holding that the Claims Court lacked jurisdiction over claims that are not against United States

Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."

Holding that the Declaratory Judgment Act, 28 U.S.C. § 2201, "only creates a remedy and is not an independent basis for jurisdiction"

Holding that 28 U.S.C. § 1346 "requires full payment of the assessment before an income tax refund suit can be maintained in a Federal District Court"

Holding that a prelitigation transfer did not destroy jurisdiction

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"

Understating federal tax liability