26 Cited authorities

  1. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,602 times   7 Legal Analyses
    Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"
  2. Lane v. Pena

    518 U.S. 187 (1996)   Cited 1,872 times
    Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"
  3. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,881 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service
  4. Ghazali v. Moran

    46 F.3d 52 (9th Cir. 1995)   Cited 7,168 times
    Holding that a court may dismiss an action based on a party's failure to comply with the court's Local Rules
  5. U.S. v. White Mountain Apache Tribe

    537 U.S. 465 (2003)   Cited 444 times
    Holding that where one statute provides for a waiver of sovereign immunity to enforce a separate statute, the latter statute is not subject to the strict construction principle
  6. Crowley v. Bannister

    734 F.3d 967 (9th Cir. 2013)   Cited 1,094 times
    Holding that, under section 1983, supervisory officials are not liable for actions of subordinates on any theory of vicarious liability
  7. Brockmeyer v. May

    383 F.3d 798 (9th Cir. 2004)   Cited 587 times   5 Legal Analyses
    Holding that the Convention allows service by mail
  8. Zapata v. City of New York

    502 F.3d 192 (2d Cir. 2007)   Cited 492 times
    Holding dismissal was not abuse of discretion where no good cause existed for delay of service until four days after 120-day period had expired
  9. Block v. Neal

    460 U.S. 289 (1983)   Cited 294 times
    Holding that the plaintiff's "Good Samaritan" claim that defects in a house were partly attributable to the Farmers Home Administration's failure to inspect the house properly during construction did not fall within the misrepresentation exception, even though a different negligence theory focusing on the plaintiff's reliance on the Administration's inspection reports might have fallen within that exception
  10. United States v. Neustadt

    366 U.S. 696 (1961)   Cited 513 times
    Holding that 28 U.S.C. § 2680(h) "applies to both `misrepresentation' and `deceit,' and, as `deceit' means fraudulent misrepresentation, `misrepresentation' must have been meant to include negligent misrepresentation, since otherwise the word `misrepresentation' would be duplicative"
  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 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,012 times   122 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
  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 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,639 times   64 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706
  16. Section 3 - Vacancy in office of Chief Justice; disability

    28 U.S.C. § 3   Cited 265 times

    Whenever the Chief Justice is unable to perform the duties of his office or the office is vacant, his powers and duties shall devolve upon the associate justice next in precedence who is able to act, until such disability is removed or another Chief Justice is appointed and duly qualified. 28 U.S.C. § 3 June 25, 1948, ch. 646, 62 Stat. 869. HISTORICAL AND REVISION NOTES Based on title 28, U.S.C., 1940 ed., §323 (Mar. 3, 1911, ch. 231, §217, 36 Stat. 1152).The sentence, "This provision shall apply