§Why CasetextPricing

Poole et al v. United States Government Printing/Publishing Office/Agency

MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,413 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 269,161 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 62,338 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,235 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

  5. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,320 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  6. Faragher v. Boca Raton

    524 U.S. 775 (1998)   Cited 9,319 times   100 Legal Analyses
    Holding that, to be actionable, the alleged conduct "must be extreme" and "the sporadic use of abusive language, gender-related jokes, and occasional teasing" are not enough

  7. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,360 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  8. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,669 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  9. Atherton v. D.C. Office of Mayor

    567 F.3d 672 (D.C. Cir. 2009)   Cited 918 times
    Holding assertion that grand juror was removed because of race insufficient to state a claim where plaintiff's main supporting factual allegations were that he was "half Mexican" and that he was the only Spanish-speaking grand juror

  10. Jerome Stevens Pharm v. Food Drug Admin

    402 F.3d 1249 (D.C. Cir. 2005)   Cited 1,039 times   2 Legal Analyses
    Holding that courts may look beyond pleadings in the complaint to ascertain their own jurisdiction

  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 348,708 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,731 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 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,453 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

  14. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,811 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

  15. Section 2000e-16 - Employment by Federal Government

    42 U.S.C. § 2000e-16   Cited 4,954 times   20 Legal Analyses
    Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

  16. Section 7101 - Findings and purpose

    5 U.S.C. § 7101   Cited 555 times
    Finding that collective bargaining "contributes to the effective conduct of public business"

  17. Section 7103 - Definitions; application

    5 U.S.C. § 7103   Cited 232 times   2 Legal Analyses
    Granting President power to exclude certain kinds of agencies from coverage under the Labor–Management Statute

  18. Section 2 - Omitted

    42 U.S.C. § 2   Cited 188 times   4 Legal Analyses

    42 U.S.C. § 2 EDITORIAL NOTES CODIFICATIONSection, acts Feb. 3, 1905, ch. 297, 33 Stat. 650; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; 1939 Reorg. Plan No. I, eff. July 1, 1939, §201, 4 F.R. 2728, 53 Stat. 1424, which provided for jurisdiction of Federal Security Agency over the Service, was superseded by section 202 of this title. STATUTORY NOTES AND RELATED SUBSIDIARIES REPEALSAct Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, which changed name of Public Health and Marine Hospital Service of the United

  19. Section 5102 - Definitions; application

    5 U.S.C. § 5102   Cited 32 times
    Defining "grade" as a "class of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to . . . level of difficulty and responsibility . . . to warrant their inclusion within one range of rates of basic pay"

  20. Section 305 - Director of the Government Publishing Office: employees; pay

    44 U.S.C. § 305   Cited 27 times

    (a) The Director of the Government Publishing Office may employ journeymen, apprentices, laborers, and other persons necessary for the work of the Government Publishing Office at rates of wages and salaries, including compensation for night and overtime work, the Director considers for the interest of the Government and just to the persons employed, except as otherwise provided by this section. The Director of the Government Publishing Office may not employ more persons than the necessities of the