green
Positive treatment
Hot · 59 in 5y
Quoted verbatim 1×
9.5 score
“when a rule 12(b)(1) motion is filed in conjunction with other rule 12 motions, the court should consider the rule 12(b)(1) jurisdictional attack before addressing any attack on the merits.”
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002
2014
2026
Top citers, strongest first. 19 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Buraimoh v. BMW of North America, LLC
when a rule 12(b)(1) motion is filed in conjunction with other rule 12 motions, the court should consider the rule 12(b)(1) jurisdictional attack before addressing any attack on the merits.
examined
Cited as authority (rule)
Gallentine v. Housing Authority
(5×)
also: Cited "see"
In Morgan , the United States Supreme Court noted that “[a] discrete retaliatory or discriminatory act ‘occurred’ on the day that it ‘happened.’ ” 536 U.S. at 110, 122 S.Ct. 2061 .
cited
Cited "see"
Daughtry v. Silver Fern Chemical, Inc.
See Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001), cert. denied, 536 U.S. 960 (2002).
discussed
Cited "see"
Gonzales v. Hile
See Ramming v. United States, 281 F.3d 158, 161 (5th Cir.), cert. denied 536 U.S. 960 (2002) (citations omitted); see also Goudy-Bachman v. U. S. Dep’t of Health and Hum.
discussed
Cited "see"
Fragstein v. Hamilton Homebuilder's LLC
See Ramming v. United States, 281 F.3d 158, 161 (5th Cir.), cert. denied 536 U.S. 960 (2002) (citations omitted) Without subject matter jurisdiction to hear Plaintiff’s claims, the Court cannot offer any further findings, as that would constitute an improper “advisory opinion.” Cellular Recycler, LLC v. Broadtech, LLC, No. 3:20-CV-3656-B, 2021 WL 1017015 , at *1-2 (N.D.
cited
Cited "see"
Texienne Physicians Medical Association, PLLC v. Health Care Service Corporation
See id. (quoting Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001) (per curiam), cert. denied, 536 U.S. 960 (2002)).
cited
Cited "see"
Barhite v. Town of DeWitt
Schs., 114 AD3d 1181 , 1182 [2014]; see Matter of Thomas v Stone, 284 AD2d 627, 628 [2001], appeal dismissed 96 NY2d 935 [2001], lv denied 97 NY2d 608 [2002], cert denied 536 US 960 [2002]).
cited
Cited "see"
BARHITE, DALE v. TOWN OF DEWITT
Schs., 114 AD3d 1181 , 1182; see Matter of Thomas v Stone, 284 AD2d 627, 628 , appeal dismissed 96 NY2d 935 , lv denied 97 NY2d 608 , cert denied 536 US 960 ).
cited
Cited "see"
Barhite v. Town of DeWitt
Schs., 114 AD3d 1181 , 1182 [2014]; see Matter of Thomas v Stone, 284 AD2d 627, 628 [2001], appeal dismissed 96 NY2d 935 [2001], lv denied 97 NY2d 608 [2002], cert denied 536 US 960 [2002]).
discussed
Cited "see"
SPEIS, LAURA v. PENFIELD CENTRAL SCHOOLS
Here, petitioner made her demand upon respondent no later than December 23, 2011, upon her filing of the petition, which “may be construed as the demand” (Matter of Meegan v Griffin, 161 AD2d 1143, 1143 , lv denied 76 NY2d 710 , rearg denied 76 NY2d 1018 ; see Matter of Thomas v Stone, 284 AD2d 627, 628 , lv dismissed 96 NY2d 935 , lv denied 97 NY2d 608 , cert denied 536 US 960 ).
discussed
Cited "see"
Speis v. Penfield Central Schools
Here, petitioner made her demand upon respondent no later than December 23, 2011, upon her filing of the petition, which “may be construed as the demand” (Matter of Meegan v Griffin, 161 AD2d 1143, 1143 [1990], lv denied 76 NY2d 710 [1990], rearg denied 76 NY2d 1018 [1990]; see Matter of Thomas v Stone, 284 AD2d 627, 628 [2001], lv dismissed 96 NY2d 935 [2001], lv denied 97 NY2d 608 [2002], cert denied 536 US 960 [2002]).
discussed
Cited "see"
Speis v. Penfield Central Schools
Here, petitioner made her demand upon respondent no later than December 23, 2011, upon her filing of the petition, which “may be construed as the demand” (Matter of Meegan v Griffin, 161 AD2d 1143, 1143 [1990], lv denied 76 NY2d 710 [1990], rearg denied 76 NY2d 1018 [1990]; see Matter of Thomas v Stone, 284 AD2d 627, 628 [2001], lv dismissed 96 NY2d 935 [2001], lv denied 97 NY2d 608 [2002], cert denied 536 US 960 [2002]).
cited
Cited "see"
American Southern Insurance v. Buckley
See Ramming v. United States, 281 F.3d 158, 161 (5th Cir.), cert. denied 536 U.S. 960 , 122 S.Ct. 2665 , 153 L.Ed.2d 839 (2002) (citations omitted).
cited
Cited "see"
Pailes v. United States Peace Corps
Cir. 1999) (citations omitted); see Ramming v. United States, 281 F.3d 158, 161 (5th Cir. 2001), cert. denied, 536 U.S. 960 (2002); Prakash v. Am.
discussed
Cited "see"
Pailes v. United States Peace Corps
The Peace Corps’ motion based on res judicata fails, however, because the Peace Corps cannot show that there has been a final judgment on the merits by a court of competent jurisdiction. “[Dismissals for lack of jurisdiction are not decisions on the merits and therefore have no res judicata effect on subsequent attempts to bring suit in a court of competent jurisdiction.” Kasap v. Folger Nolan Fleming & Douglas, Inc., 166 F.3d 1243, 1248 (D.C.Cir.1999) (citations omitted); see Ramming v. United States, 281 F.3d 158, 161 (5th Cir.2001), cert. denied, 536 U.S. 960 , 122 S.Ct. 2665 , 153 L.…
cited
Cited "see"
Differential Development-1994, Ltd. v. Harkrider Distributing Co.
See Ramming v. United States, *733 281 F.3d 158, 161 (5th Cir.2001), cert, denied, 536 U.S. 960 , 122 S.Ct. 2665 , 153 L.Ed.2d 839 (2002); Howery, 243 F.3d at 916 .
cited
Cited "see"
Blanchet v. Chevron Texaco Corp.
See Ramming v. United States, 281 F.3d 158, 161 (5th Cir.2001), cert. denied, 536 U.S. 960 , 122 S.Ct. 2665 , 153 L.Ed.2d 839 (2002); Howery, 243 F.3d at 916 ; Estate of Martineau v. ARCO Chem.
discussed
Cited "see"
Blue v. Commissioner of Social Services
An allegedly aggrieved party who does not proceed promptly and make a formal demand may be charged with laches” (Matter of Agoado v Board of Educ. of City School Dist. of City of N.Y., 282 AD2d 602, 603 [2001] [citations omitted]; see Matter of Thomas v Stone, 284 AD2d 627, 628 [2001], cert denied 536 US 960 [2002]; Matter of Civil Serv.
discussed
Cited "see, e.g."
In RE MARRIAGE OF CURDA-DERICKSON v. Derickson
Id.; see also Schultz v. Sykes, 2001 WI App 260 , 248 Wis. 2d 791 , 638 N.W.2d 76 , review denied, 2002 WI 23 , 250 Wis. 2d 557 , 643 N.W.2d 94 (Wis. Jan. 29, 2002), cert. denied, 536 U.S. 960 (June 28, 2002) (holding that during marriage, a judgment creditor may garnish the tortfeasor's interest in the innocent spouse's wages).
Retrieving the full opinion text from the archive…
Boyne
v.
Moore, Secretary, Florida Department of Corrections
v.
Moore, Secretary, Florida Department of Corrections
01-1668.
Supreme Court of the United States.
Jun 28, 2002.
BOYNE
v.
MOORE, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS.
No. 01-1668.
Supreme Court of the United States.
June 28, 2002.
1
Sup. Ct. Fla. Certiorari denied. Reported below: 814 So. 2d 437.