§Why CasetextPricing

White v. United States of America

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim

64 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,065 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"

  4. United States v. Gaubert

    499 U.S. 315 (1991)   Cited 2,387 times   1 Legal Analyses
    Holding that the discretionary function exception only protects actions “grounded in the policy of the regulatory regime”

  5. Alyeska Pipeline Co. v. Wilderness Soc'y

    421 U.S. 240 (1975)   Cited 4,731 times   9 Legal Analyses
    Holding American Rule governed absent specific statutory authorization for awarding attorney fees to prevailing party

  6. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,640 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"

  7. United States v. Testan

    424 U.S. 392 (1976)   Cited 2,204 times
    Holding that Back Pay Act does not provide a remedy for misclassified federal employees

  8. United States v. Varig Airlines

    467 U.S. 797 (1984)   Cited 1,557 times   1 Legal Analyses
    Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”

  9. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,984 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

  10. Block v. North Dakota

    461 U.S. 273 (1983)   Cited 983 times   1 Legal Analyses
    Holding that “Congress intended the QTA to provide the exclusive means by which adverse claimants could challenge the United States' title to real property”

  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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,138 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  13. Section 240 - Scaffolding and other devices for use of employees

    N.Y. Lab. Law § 240   Cited 9,831 times   9 Legal Analyses
    Requiring "proper protection"

  14. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,414 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "

  15. Section 2680 - Exceptions

    28 U.S.C. § 2680   Cited 7,705 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. Section 651 - Congressional statement of findings and declaration of purpose and policy

    29 U.S.C. § 651   Cited 1,489 times   19 Legal Analyses
    Noting the OSH Act arose from concern surrounding "personal injuries and illnesses arising out of work situations"

  17. Section 287 - False, fictitious or fraudulent claims

    18 U.S.C. § 287   Cited 1,375 times   35 Legal Analyses
    Penalizing false claims against U.S. government

  18. Section 401 - General powers of the Postal Service

    39 U.S.C. § 401   Cited 399 times
    Granting the USPS the power "to sue and be sued in its official name"

  19. Section 652 - Definitions

    29 U.S.C. § 652   Cited 273 times   3 Legal Analyses
    Exempting States from the definition of "employer" subject to federal occupational safety and health laws

  20. Section 52.236-13 - Accident Prevention

    48 C.F.R. § 52.236-13   Cited 11 times

    As prescribed in 36.513, insert the following clause: ACCIDENT PREVENTION (NOV 1991) (a) The Contractor shall provide and maintain work environments and procedures which will (1) safeguard the public and Government personnel, property, materials, supplies, and equipment exposed to Contractor operations and activities; (2) avoid interruptions of Government operations and delays in project completion dates; and (3) control costs in the performance of this contract. (b) For these purposes on contracts

  21. Section 52.236-7 - Permits and Responsibilities

    48 C.F.R. § 52.236-7   Cited 9 times   1 Legal Analyses

    As prescribed in 36.507, insert the following clause: PERMITS AND RESPONSIBILITIES (NOV 1991) The Contractor shall, without additional expense to the Government, be responsible for obtaining any necessary licenses and permits, and for complying with any Federal, State, and municipal laws, codes, and regulations applicable to the performance of the work. The Contractor shall also be responsible for all damages to persons or property that occur as a result of the Contractor's fault or negligence. The