14 Cited authorities

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
S.E.C. v. Tambone
597 F.3d 436 (1st Cir. 2010) Cited 543 times 7 Legal Analyses
Reinstating portions of withdrawn panel opinion
Atlantic Mut. v. Balfour Maclaine Intern
968 F.2d 196 (2d Cir. 1992) Cited 548 times
Finding that the goods' connection with maritime commerce was too speculative to justify admiralty jurisdiction where the goods were never designated for marine transport
Marrero-Gutierrez v. Molina
491 F.3d 1 (1st Cir. 2007) Cited 249 times
Holding that the plaintiff does not need to know of the discriminatory animus at the time of the injury for the statute of limitations to begin tolling
McMasters v. U.S.
260 F.3d 814 (7th Cir. 2001) Cited 180 times
Holding that, with respect to cases transferred under 28 U.S.C. § 1404, "the transferee court is usually 'free to decide [federal issues] in the manner it views as correct without deferring to the interpretation of the transferor circuit'"
MacKay v. Pfeil
827 F.2d 540 (9th Cir. 1987) Cited 170 times
Vacating the United States District Court for the District of Alaska's grant of summary judgment and remanding the case with an order to dismiss the case for lack of subject matter jurisdiction
Acosta v. U.S. Marshals Service
445 F.3d 509 (1st Cir. 2006) Cited 100 times
Holding prisoner failed to exhaust claim when he sent grievance to the improper person
Cotto v. U.S.
993 F.2d 274 (1st Cir. 1993) Cited 119 times
Holding that what is reasonable for purposes of a motion brought pursuant to Rule 60(b) "depends on the circumstances" and "may be more or less than the one-year period established for filing motions under Rule 60(b)-"
In re Citigroup
535 F.3d 45 (1st Cir. 2008) Cited 52 times 1 Legal Analyses
Concluding that Citigroup employees could not maintain a conversion action pursuant to Florida or Georgia law because FA CAP expressly authorized forfeiture
Francis v. Goodman
81 F.3d 5 (1st Cir. 1996) Cited 34 times
Rejecting the argument that a judgment entered in absence of jurisdiction "should be affirmed in the interests of judicial economy and minimizing litigation costs," because "federal courts are not at liberty to overlook limitations or their subject matter 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 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
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
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,200 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement

Morales-Santiago v. United States of America (Dept. of Veterans Affairs)

14 Cited authorities

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

Reinstating portions of withdrawn panel opinion

Finding that the goods' connection with maritime commerce was too speculative to justify admiralty jurisdiction where the goods were never designated for marine transport

Holding that the plaintiff does not need to know of the discriminatory animus at the time of the injury for the statute of limitations to begin tolling

Holding that, with respect to cases transferred under 28 U.S.C. § 1404, "the transferee court is usually 'free to decide [federal issues] in the manner it views as correct without deferring to the interpretation of the transferor circuit'"

Vacating the United States District Court for the District of Alaska's grant of summary judgment and remanding the case with an order to dismiss the case for lack of subject matter jurisdiction

Holding prisoner failed to exhaust claim when he sent grievance to the improper person

Holding that what is reasonable for purposes of a motion brought pursuant to Rule 60(b) "depends on the circumstances" and "may be more or less than the one-year period established for filing motions under Rule 60(b)-"

Concluding that Citigroup employees could not maintain a conversion action pursuant to Florida or Georgia law because FA CAP expressly authorized forfeiture

Rejecting the argument that a judgment entered in absence of jurisdiction "should be affirmed in the interests of judicial economy and minimizing litigation costs," because "federal courts are not at liberty to overlook limitations or their subject matter jurisdiction"

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

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

Setting forth FTCA's administrative exhaustion requirement