Legal Opinion

Cunningham v. United States

United States Court of Federal Claims

Decided December 20, 2012No. 10-111 CPublishedCited by 2 opinions

1Opinion of the Court

Breach of Settlement Agreement; Civil Service Reform Act of 1978, Pub.L. No. 95-454, 92 Stat. 1111; Tucker Act, 28 U.S.C. § 1491(a)(1) (2006); Subject Matter Jurisdiction, RCFC 12(b)(1); Res Judicata; Failure to State a Claim, RCFC 12(b)(6).

OPINION

BUSH, Judge.

Now pending before the court is defendant’s motion to dismiss, which has been *210fully briefed and is ripe for a decision by the court. Because the court concludes that it has subject matter jurisdiction over the breach of contract claim set forth in the complaint, defendant’s motion to dismiss the complaint pursuant to Rule 12(b)(1) of the…

2Cases cited55 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  4. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  5. Scheuer v. RhodesSupreme Court of the United States · 1974

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3Cited by2 opinions

  1. Cunningham v. United StatesCourt of Appeals for the Federal Circuit · 2014
  2. Edna N. Zulueta v. United StatesUnited States Court of Federal Claims · 2013

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