Legal Opinion

Landers v. United States

United States Court of Federal Claims

Decided November 20, 2006No. 06-314CPublished

1Opinion of the Court

OPINION

HORN, Judge.

This matter comes before the court on the government’s motion to dismiss the complaint filed by plaintiff Carl Landers. Specifically, the government alleges that this court lacks jurisdiction pursuant to Rules 12(b)(1) and 12(b)(6) of the Rules of the United States Court of Federal Claims (RCFC) because: 1) the statute of limitations on Mr. Landers’ claims has expired pursuant to 28 U.S.C. § 2501 (2000); 2) Mr. Landers’ claims challenge a 1997 Final Decision of the Board of Veterans Appeals; and 3) Mr. Landers fails to state a claim upon which relief can be granted because…

2Cases cited82 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  5. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001

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