123 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 times 365 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' "
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 18,972 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
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,674 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,535 times 2 Legal Analyses
Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,003 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"
Alexander v. Sandoval
532 U.S. 275 (2001) Cited 2,637 times 35 Legal Analyses
Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
Great-West Life Annuity Ins. Co. v. Knudson
534 U.S. 204 (2002) Cited 1,689 times 37 Legal Analyses
Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (2004) Cited 1,465 times 6 Legal Analyses
Holding that agency can be compelled to act if time period is specified by law
United States v. Gaubert
499 U.S. 315 (1991) Cited 2,380 times 1 Legal Analyses
Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”
Lane v. Pena
518 U.S. 187 (1996) Cited 1,872 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"
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
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,916 times 653 Legal Analyses
Adopting Fed.R.Civ.P. 37
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,433 times 184 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,363 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,049 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 1361 - Action to compel an officer of the United States to perform his duty
28 U.S.C. § 1361 Cited 6,554 times 4 Legal Analyses
Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,744 times 69 Legal Analyses
Adopting the definition set out in the APA
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
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,245 times 31 Legal Analyses
Granting judicial review over " final agency action"
Section 2501 - Time for filing suit
28 U.S.C. § 2501 Cited 829 times 4 Legal Analyses
Determining the statute of limitations for filing an action in the United States Court of Federal Claims

NEZ PERCE TRIBE et al v. KEMPTHORNE et al

123 Cited authorities

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

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

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 it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"

Holding that agency can be compelled to act if time period is specified by law

Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”

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"

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

Adopting Fed.R.Civ.P. 37

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Adopting the definition given in Section 551

Granting judicial review of "agency action"

Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

Adopting the definition set out in the APA

Adopting the standard in 5 U.S.C. § 706

Granting judicial review over " final agency action"

Determining the statute of limitations for filing an action in the United States Court of Federal Claims