§Why CasetextPricing

Sanders et al v. Army And Air Force Exchange Service et al

MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

67 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 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 266,697 times   365 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,840 times   138 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,991 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. Siegert v. Gilley

    500 U.S. 226 (1991)   Cited 3,711 times
    Holding that the plaintiff failed to state a "stigma plus" due process claim where "[t]he alleged defamation was not uttered incident to the termination of [the plaintiff]'s employment [with a federal] hospital" but was made in a letter of reference to a different federal employer several weeks later

  6. United States v. Kubrick

    444 U.S. 111 (1979)   Cited 2,589 times
    Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual

  7. United States v. Mitchell

    445 U.S. 535 (1980)   Cited 2,329 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

  8. United States v. Dalm

    494 U.S. 596 (1990)   Cited 1,035 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

  9. Bowen v. Massachusetts

    487 U.S. 879 (1988)   Cited 1,039 times   2 Legal Analyses
    Holding that monetary relief was equitable because it sought reimbursement to which the State was allegedly already entitled, rather than money in compensation for losses suffered

  10. Department of Army v. Blue Fox, Inc.

    525 U.S. 255 (1999)   Cited 601 times   2 Legal Analyses
    Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

  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 345,981 times   922 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 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,041 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 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,680 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

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

    28 U.S.C. § 2675   Cited 7,076 times   1 Legal Analyses
    Setting forth FTCA's administrative exhaustion requirement

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

    28 U.S.C. § 2401   Cited 6,191 times   26 Legal Analyses
    Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

  17. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,334 times   5 Legal Analyses
    Granting tort immunity to federal agency employees

  18. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,116 times   87 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

  19. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,427 times   2 Legal Analyses
    Specifying scope of United States' liability

  20. Section 7422 - Civil actions for refund

    26 U.S.C. § 7422   Cited 2,497 times   13 Legal Analyses
    Granting a tax payer a cause of action related to a claim for a refund

  21. Section 285.5 - Centralized offset of Federal payments to collect nontax debts owed to the United States

    31 C.F.R. § 285.5   Cited 148 times
    Holding that "all Federal payments are eligible for offset under this section" unless explicitly excepted in (e), which does not apply to travel reimbursements