35 Cited authorities

Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,649 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
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,178 times 1 Legal Analyses
Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
McNeil v. United States
508 U.S. 106 (1993) Cited 6,881 times
Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed
Bender v. Williamsport Area School Dist
475 U.S. 534 (1986) Cited 2,957 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 2,676 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 605 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 1,030 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. Smith
499 U.S. 160 (1991) Cited 466 times 2 Legal Analyses
Holding that the Westfall Act "immunizes Government employees from suit even when an FTCA exception precludes recovery against the Government"
Thornhill Pub. v. General Telephone Elec
594 F.2d 730 (9th Cir. 1979) Cited 2,958 times
Holding that conclusory and speculative affidavits are insufficient to defeat summary judgment
Hercules, Inc. v. United States
516 U.S. 417 (1996) Cited 375 times 9 Legal Analyses
Holding that the Tucker Act's waiver of sovereign immunity for contract claims does not extend to claims for contracts implied in law
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 354,229 times 943 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 71,368 times 127 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 2671 - Definitions
28 U.S.C. § 2671 Cited 9,538 times 6 Legal Analyses
Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
Section 2680 - Exceptions
28 U.S.C. § 2680 Cited 7,779 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
Section 2675 - Disposition by federal agency as prerequisite; evidence
28 U.S.C. § 2675 Cited 7,200 times 1 Legal Analyses
Setting forth FTCA's administrative exhaustion requirement
Section 2679 - Exclusiveness of remedy
28 U.S.C. § 2679 Cited 5,417 times 5 Legal Analyses
Granting tort immunity to federal agency employees

Shupe v. Nationstar Mortgage Llc, et al

35 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 a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

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 Westfall Act "immunizes Government employees from suit even when an FTCA exception precludes recovery against the Government"

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

Holding that the Tucker Act's waiver of sovereign immunity for contract claims does not extend to claims for contracts implied in law

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

Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

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

Setting forth FTCA's administrative exhaustion requirement

Granting tort immunity to federal agency employees