28 Cited authorities

Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,952 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
Bender v. Williamsport Area School Dist
475 U.S. 534 (1986) Cited 2,985 times 1 Legal Analyses
Holding that a school board member sued in his official capacity was bound by the board’s litigation decisions and could not file his own notice of appeal
United States v. Mitchell
463 U.S. 206 (1983) Cited 2,694 times 2 Legal Analyses
Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"
Department of Army v. Blue Fox, Inc.
525 U.S. 255 (1999) Cited 608 times 2 Legal Analyses
Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy
Lehman v. Nakshian
453 U.S. 156 (1981) Cited 1,037 times
Holding that exceptions to the limitations and conditions upon which the Government consents to be sued "are not to be implied"
United States v. Fausto
484 U.S. 439 (1988) Cited 754 times 1 Legal Analyses
Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act
Thornhill Pub. v. General Telephone Elec
594 F.2d 730 (9th Cir. 1979) Cited 2,968 times
Holding that conclusory and speculative affidavits are insufficient to defeat summary judgment
Lindahl v. Office of Personnel Management
470 U.S. 768 (1985) Cited 421 times 1 Legal Analyses
Holding 5 U.S.C. § 8347(c) bars review of agency's factual determinations, but not questions of law and procedure
Federation of Afr. Amer. Contrs. v. Oakland
96 F.3d 1204 (9th Cir. 1996) Cited 584 times 1 Legal Analyses
Holding that § 1981 provides a cause of action against a state actor
Gilbert v. DaGrossa
756 F.2d 1455 (9th Cir. 1985) Cited 531 times
Holding that a suit alleging civil and constitutional claims against IRS employees in their official capacity is a suit against the United States and is barred by sovereign immunity absent statutory waiver
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 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,489 times 129 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1295 - Jurisdiction of the United States Court of Appeals for the Federal Circuit
28 U.S.C. § 1295 Cited 8,498 times 92 Legal Analyses
Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals
Section 7703 - Judicial review of decisions of the Merit Systems Protection Board
5 U.S.C. § 7703 Cited 3,711 times 6 Legal Analyses
Granting sixty days to appeal a decision of the MSPB
Section 2302 - Prohibited personnel practices
5 U.S.C. § 2302 Cited 1,536 times 20 Legal Analyses
Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"
Section 8347 - Administration; regulations
5 U.S.C. § 8347 Cited 217 times
Authorizing appeals from final decisions concerning Civil Service Retirement System
Section 8337 - Disability retirement
5 U.S.C. § 8337 Cited 156 times
In section 8337(d) Congress set out a statutory definition of "earning capacity" of general applicability, eliminating the necessity of repeated particularized investigations.
Section 8461 - Authority of the Office of Personnel Management
5 U.S.C. § 8461 Cited 87 times
Excepting findings of mental disability "made pursuant to an application by an agency for purposes of disability retirement under section 8451"

Shupe et al v. Office of Personnel Management

28 Cited authorities

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that a school board member sued in his official capacity was bound by the board’s litigation decisions and could not file his own notice of appeal

Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"

Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

Holding that exceptions to the limitations and conditions upon which the Government consents to be sued "are not to be implied"

Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act

Holding that conclusory and speculative affidavits are insufficient to defeat summary judgment

Holding 5 U.S.C. § 8347(c) bars review of agency's factual determinations, but not questions of law and procedure

Holding that § 1981 provides a cause of action against a state actor

Holding that a suit alleging civil and constitutional claims against IRS employees in their official capacity is a suit against the United States and is barred by sovereign immunity absent statutory waiver

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Granting jurisdiction to the Federal Circuit over cases arising from executive agency board of contract appeals

Granting sixty days to appeal a decision of the MSPB

Protecting the disclosure of "any violation of any law, rule, or regulation ... if such disclosure is not specifically prohibited by law"

Authorizing appeals from final decisions concerning Civil Service Retirement System

In section 8337(d) Congress set out a statutory definition of "earning capacity" of general applicability, eliminating the necessity of repeated particularized investigations.

Excepting findings of mental disability "made pursuant to an application by an agency for purposes of disability retirement under section 8451"