82 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 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' "
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,065 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  5. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,508 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  6. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,065 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"
  7. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,761 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
  8. McCarthy v. Madigan

    503 U.S. 140 (1992)   Cited 1,837 times   2 Legal Analyses
    Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages
  9. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,204 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees
  10. United States v. Dalm

    494 U.S. 596 (1990)   Cited 1,038 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
  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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,138 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 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,414 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  15. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,118 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement
  16. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,689 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."
  17. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,360 times   5 Legal Analyses
    Granting tort immunity to federal agency employees
  18. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,923 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
  19. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,455 times   2 Legal Analyses
    Specifying scope of United States' liability
  20. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,733 times   23 Legal Analyses
    Describing "qualified written request"
  21. Section 203.5 - Direct Endorsement process

    24 C.F.R. § 203.5   Cited 11 times

    (a)General. Under the Direct Endorsement program, the Secretary does not review applications for mortgage insurance before the mortgage is executed or issue conditional or firm commitments, except to the extent required by § 203.3(b)(4) , § 203.3(d)(1) , or as determined by the Secretary. Under this program, the mortgagee determines that the proposed mortgage is eligible for insurance under the applicable program regulations, and submits the required documents to the Secretary in accordance with