Legal Opinion

Westover v. United States

United States Court of Federal Claims

Decided June 28, 2006No. 05-1398CPublishedCited by 23 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

CHRISTINE O.C. MILLER, Judge.

This case is before the court after argument on defendant’s motion to dismiss pursuant to RCFC 12(b)(1) and 12(b)(6). Hinging on a settlement agreement that resulted from an employment discrimination action, the issues for decision are whether the United States Court of Federal Claims lacks subject matter jurisdiction pursuant to RCFC 12(b)(1), or alternatively, whether plaintiff has failed to state a claim upon which relief can be granted pursuant to RCFC (12)(b)(6).

FACTS

The following facts are derived from the complaint and the…

2Cases cited20 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. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  4. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  5. Brown v. General Services AdministrationSupreme Court of the United States · 1976

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3Cited by23 opinions

  1. Holmes v. United StatesCourt of Appeals for the Federal Circuit · 2011
  2. Greenhill, Frances v. Spellings, MargaretCourt of Appeals for the D.C. Circuit · 2007
  3. Munoz v. MabusCourt of Appeals for the Ninth Circuit · 2010
  4. Taylor v. United StatesUnited States Court of Federal Claims · 2006
  5. Todd Construction, L.P. v. United StatesUnited States Court of Federal Claims · 2009

18 more not listed; retrieve them via the Exa API.

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