Legal Opinion

Kurth v. Gonzales

District Court, E.D. Texas

Decided December 29, 2006No. 1:05-CV-472PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION PARTIALLY ADDRESSING DEFENDANT’S MOTION TO DISMISS

HINES, United States Magistrate Judge.

Plaintiff, Michael D. Kurth (Kurth) asserts multiple causes of action under three federal worker-protection statutes. The defendant, the Attorney General of the United States, moves to dismiss all claims, but without articulating procedural bases for the proposed dismissals. The defendant’s substantive arguments, however, reveal that he seeks dismissal of two claims for lack of subject-matter jurisdiction, a defense which may be asserted by motion under Federal Rule of Civil Procedure…

2Cases cited31 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  3. Woodford v. NgoSupreme Court of the United States · 2006
  4. Jena Balistreri v. Pacifica Police Department Al Olsen, Police Chief, Individually and as a Police AgentCourt of Appeals for the Ninth Circuit · 1990
  5. Sims v. ApfelSupreme Court of the United States · 2000

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3Cited by2 opinions

  1. Bindhu A. Poovannumvila v. Doug Collins, in his official capacity as Secretary, U.S. Department of Veterans AffairsDistrict Court, N.D. Texas · 2026
  2. Jordan v. Tennessee Department of Children's ServicesDistrict Court, M.D. Tennessee · 2024

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