32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. 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"
  3. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 26,265 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
  4. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,416 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”
  5. Macharia v. U.S.

    334 F.3d 61 (D.C. Cir. 2003)   Cited 402 times
    Holding that FTCA foreign country exception applied to injuries occurring at a United States embassy
  6. Jewish Hospital Ass'n of Louisville, Kentucky, Inc. v. Stewart Mechanical Enterprises, Inc.

    450 U.S. 966 (1981)   Cited 79 times
    Holding that the purpose of the jurisdictional requirement for suit that claim be first presented to the appropriate administrative agency is to permit administrative consideration of and settlement of claims and to avoid unnecessary litigation
  7. Transmission Access Policy Study Group v. Federal Energy Regulatory Commission

    225 F.3d 667 (D.C. Cir. 2000)   Cited 129 times   1 Legal Analyses
    Upholding FERC's 1996 reform orders
  8. Federal Deposit Ins. v. Citizens Bank Trust

    592 F.2d 364 (7th Cir. 1979)   Cited 167 times
    Holding that "sue-and-be-sued authority [of the FDIC] does not permit suit outside [the Federal Tort Claims Act] for torts excepted from the coverage of that Act."
  9. Barry v. McShares, Inc.

    526 U.S. 1158 (1999)   Cited 23 times

    No. 98-1506. June 7, 1999, OCTOBER TERM, 1998. Certiorari Denied Sup. Ct. Kan. Certiorari denied. Reported below: 266 Kan. 479, 970 P. 2d 1005.

  10. Macharia v. U.S.

    238 F. Supp. 2d 13 (D.D.C. 2002)   Cited 48 times
    Holding "[d]ecisions regarding how much safety equipment should be provided to a particular embassy, how much training should be given to guards and embassy employees, and the amount of security-related guidance that should be provided necessarily entails balancing competing demands for funds and resources" are exactly the type of discretionary functions Congress had in mind
  11. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,350 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  12. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,058 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
  13. 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 "
  14. Section 1631 - Transfer to cure want of jurisdiction

    28 U.S.C. § 1631   Cited 7,804 times   16 Legal Analyses
    Granting courts authority to transfer action to court with proper jurisdiction
  15. 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
  16. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,742 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  17. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,417 times   5 Legal Analyses
    Granting tort immunity to federal agency employees
  18. Section 1491 - Claims against United States generally; actions involving Tennessee Valley Authority

    28 U.S.C. § 1491   Cited 4,677 times   68 Legal Analyses
    Adopting the standard in 5 U.S.C. § 706