44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,718 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,388 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. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,449 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"
  4. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,099 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"
  5. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 26,071 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
  6. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,893 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"
  7. Davis v. Passman

    442 U.S. 228 (1979)   Cited 2,983 times   2 Legal Analyses
    Holding that former congressional staff member could sue U.S. Congressman for damages under Fifth Amendment for discriminating against her on basis of sex
  8. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,353 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
  9. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 4,018 times
    Holding that the party invoking a federal court's jurisdiction "has the burden of proving by a preponderance of the evidence that it exists"
  10. U.S. v. Olson

    546 U.S. 43 (2005)   Cited 374 times   1 Legal Analyses
    Holding that the United States' liability under the FTCA is to be based on the state law liability of a private party
  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 350,190 times   936 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,445 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,658 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,206 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  15. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,445 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  16. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,725 times   12 Legal Analyses
    Concluding that claims for injurious falsehoods, disparagement of property, slander of goods, or trade libel are claims arising out of libel or slander under the FTCA
  17. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,243 times   52 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
  18. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,472 times   2 Legal Analyses
    Specifying scope of United States' liability
  19. Section 12-301 - Limitation of time for bringing actions

    D.C. Code § 12-301   Cited 909 times   3 Legal Analyses
    Imposing a three-year statute of limitations on actions "for the recovery of personal property"
  20. Section 511 - Decisions of the Secretary; finality

    38 U.S.C. § 511   Cited 609 times
    Providing that decisions related to the provision of a veteran's benefits "may not be reviewed by any court, whether by an action in the nature of mandamus or otherwise."