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Richardson v. Board of Governors of The Federal Reserve System

MOTION to Dismiss For Falure To State A Claim And, MOTION to Dismiss for Lack of Jurisdiction

40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 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

  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,896 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Allen v. McCurry

    449 U.S. 90 (1980)   Cited 5,849 times   3 Legal Analyses
    Holding that under res judicata, parties may not "relitigat[e] issues that were or could have been raised" in a prior action

  5. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,287 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

  6. Montana v. United States

    440 U.S. 147 (1979)   Cited 3,632 times   3 Legal Analyses
    Holding that "once an issue is actually and necessarily determined by a court of competent jurisdiction, that determination is conclusive in subsequent suits based on a different cause of action involving a party to the prior litigation"

  7. United States v. Kwai Fun Wong

    575 U.S. 402 (2015)   Cited 736 times   6 Legal Analyses
    Holding that the time limits of 28 U.S.C. § 2401(b) may be equitably tolled

  8. Lehman v. Nakshian

    453 U.S. 156 (1981)   Cited 1,035 times
    Holding that exceptions to the limitations and conditions upon which the Government consents to be sued "are not to be implied"

  9. Neal v. Kelly

    963 F.2d 453 (D.C. Cir. 1992)   Cited 611 times
    Holding that the district court abused its discretion in converting a motion to dismiss into a summary judgment motion when the court did not inform the pro se prisoner of the consequences of failing to file a Rule 56(e) affidavit

  10. Soriano v. United States

    352 U.S. 270 (1957)   Cited 530 times
    Holding that accrual of takings claim was not postponed by the availability of an Army Claims Service remedy where Congress "ha[d] not so restricted the jurisdiction of the Court of Claims"

  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 357,835 times   950 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 335,322 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,381 times   558 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  15. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,582 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 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,531 times   39 Legal Analyses
    Adopting the definition given in Section 551

  17. Section 2675 - Disposition by federal agency as prerequisite; evidence

    28 U.S.C. § 2675   Cited 7,249 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

  18. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,308 times   57 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

  19. Section 552a - Records maintained on individuals

    5 U.S.C. § 552a   Cited 4,553 times   47 Legal Analyses
    Finding that it is a Department of Justice component that has as its principal function the enforcement of criminal laws includ[ing] correctional authorities

  20. Section 1831j - Depository institution employee protection remedy

    12 U.S.C. § 1831j   Cited 81 times   4 Legal Analyses
    Providing for a limitations period of two years

  21. Section 14.2 - Administrative claim; when presented

    28 C.F.R. § 14.2   Cited 1,231 times
    Setting forth the procedures for presenting a claim under the FTCA