§Why CasetextPricing

Rodgers et al v. Mammoth Cave National Park et al

MOTION to Dismiss for Lack of Jurisdiction

24 Cited authorities

  1. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,668 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

  2. Jerome B. Grubart, Inc. v. Great Lakes Dredge Dock

    513 U.S. 527 (1995)   Cited 924 times   4 Legal Analyses
    Holding that the location test was satisfied when a crane, attached to a barge, was used to lift and replace pilings around a bridge pier and a tunnel flooded after an accident

  3. Rapanos v. U.S.

    547 U.S. 715 (2006)   Cited 398 times   230 Legal Analyses
    Holding that "[t]he use of the definite article and the plural number ('waters')" made clear that § 1362 is limited to "fixed bodies of water," such as "streams, ... oceans, rivers, lakes," and does not extend to "ordinarily dry channels through which water occasionally or intermittently flows"

  4. Sisson v. Ruby

    497 U.S. 358 (1990)   Cited 560 times
    Holding that storing a vessel at a marina on navigable waters substantially relates to traditional maritime activity

  5. Ohio Nat. Life Ins. Co. v. U.S.

    922 F.2d 320 (6th Cir. 1990)   Cited 1,423 times   1 Legal Analyses
    Holding that " Fed. R. Civ. P. 56(c) grant of summary judgment constitutes a decision on the merits"

  6. Rogers v. Stratton Industries, Inc.

    798 F.2d 913 (6th Cir. 1986)   Cited 712 times
    Holding that a prior Fed.R.Civ.P. 12(b) dismissal operates as an adjudication on the merits for issue and claim preclusion purposes

  7. U.S. v. Appalachian Power Co.

    311 U.S. 377 (1940)   Cited 339 times
    Holding that Congress had the authority, under the commerce clause, to require private riparian land owners to obtain a license prior to construction of dams, even where the river in question was not navigable but could potentially have been made navigable

  8. LeBlanc v. Cleveland

    198 F.3d 353 (2d Cir. 1999)   Cited 136 times
    Holding that the waters in an area of the Hudson River were not navigable because they were not accessible to the ocean or continuous boating given nine dams and several water falls

  9. Lundstrum v. Lyng

    954 F.2d 1142 (6th Cir. 1991)   Cited 81 times
    Resting dismissal of FTCA claim on the discretionary function exception because government officials "engage[d] in policy judgments when deciding the most effective and efficient methods to supervise and service FMHA loan recipients"

  10. Lykes Bros. v. U.S. Army Corps of Engineers

    64 F.3d 630 (11th Cir. 1995)   Cited 31 times
    Suggesting that "the costs of improvement [must] be justified by the benefits to commercial transit in th[e] area"

  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 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 23,979 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

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

    28 U.S.C. § 2675   Cited 7,054 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

  14. Section 1333 - Admiralty, maritime and prize cases

    28 U.S.C. § 1333   Cited 4,490 times   11 Legal Analyses
    Granting federal district courts original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction"

  15. Section 30901 - Short title

    46 U.S.C. § 30901   Cited 134 times

    This chapter may be cited as the "Suits in Admiralty Act". 46 U.S.C. § 30901 Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1517. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 30901 46 App.:741 note. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLEAct Mar. 9, 1920, ch. 95, 41 Stat. 525, which enacted chapter 20 (§741 et seq.) of the former Appendix to this title, was popularly known as the "Suits in Admiralty Act", prior to being repealed and restated

  16. Section 31101 - Short title

    46 U.S.C. § 31101   Cited 85 times

    This chapter may be cited as the "Public Vessels Act". 46 U.S.C. § 31101 Pub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1521. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 31101 46 App.:781 note. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLEAct of March 3, 1925, ch. 428, 43 Stat. 1112, which enacted chapter 22 (§781 et seq.) of the former Appendix to this title, was popularly known as the "Public Vessels Act", prior to being repealed and restated

  17. Section 30903 - Waiver of immunity

    46 U.S.C. § 30903   Cited 85 times   1 Legal Analyses
    Waiving sovereign immunity

  18. Section 31102 - Waiver of immunity

    46 U.S.C. § 31102   Cited 45 times
    Waiving sovereign immunity for, inter alia, "damages caused by a public vessel of the United States"