§Why CasetextPricing

Walpin v. Corporation for National and Community Services et al

REPLY to opposition to motion re MOTION to Dismiss

26 Cited authorities

  1. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,645 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  2. Forest Grove Sch. Dist. v. T.A.

    557 U.S. 230 (2009)   Cited 463 times
    Holding these provisions give courts "discretion to reduce the amount of a reimbursement award if the equities so warrant"

  3. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 576 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer

  4. Branch v. Smith

    538 U.S. 254 (2003)   Cited 184 times
    Holding that "repeals by implication are not favored" unless there is "a clearly expressed congressional intention"

  5. In re Cheney

    406 F.3d 723 (D.C. Cir. 2005)   Cited 189 times
    Holding that "if there is no clear and compelling duty under the statute as interpreted, the district court must dismiss the action."

  6. Humphrey's Executor v. U.S.

    295 U.S. 602 (1935)   Cited 407 times   30 Legal Analyses
    Holding that President's "unrestrictable power" of removal "does not extend to an office such as that here involved "

  7. Myers v. United States

    272 U.S. 52 (1926)   Cited 486 times   7 Legal Analyses
    Holding "in the absence of any express limitation respecting removals, that as his selection of administrative officers is essential to the execution of the laws by him, so must be his power of removing those for whom he cannot continue to be responsible"

  8. Swan v. Clinton

    100 F.3d 973 (D.C. Cir. 1996)   Cited 173 times
    Holding that reinstatement claim is not barred by federal sovereign immunity

  9. Wiener v. United States

    357 U.S. 349 (1958)   Cited 93 times   2 Legal Analyses
    Holding that Congress is free to protect bodies tasked with " ‘adjudicat[ing] according to law’ ... ‘from the control or coercive influence, direct or indirect,’ ... of either the Executive or Congress"

  10. Ghaly v. U.S. Department of Agriculture

    228 F. Supp. 2d 283 (S.D.N.Y. 2002)   Cited 32 times
    Noting that "district courts have broad discretion to decide whether joinder is appropriate, even when the requirements of Rule 20 have been met"

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,349 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,377 times   36 Legal Analyses
    Adopting the definition given in Section 551

  13. Section 2302 - Prohibited personnel practices

    5 U.S.C. § 2302   Cited 1,490 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"

  14. Section 7513 - Cause and procedure

    5 U.S.C. § 7513   Cited 635 times   34 Legal Analyses
    Providing that the MSPB may hear appeals involving removals, suspensions for more than 14 days, reductions in grade or pay, and furloughs of 30 days or less

  15. Section 7512 - Actions covered

    5 U.S.C. § 7512   Cited 581 times   1 Legal Analyses
    Covering "a removal"

  16. Section 7511 - Definitions; application

    5 U.S.C. § 7511   Cited 471 times
    Defining "employee"

  17. Section 7501 - Definitions

    5 U.S.C. § 7501   Cited 318 times
    Defining "employee" as one not serving a probationary period

  18. Section 4301 - Definitions

    5 U.S.C. § 4301   Cited 86 times   1 Legal Analyses
    Exempting ALJs from performance appraisals