Legal Opinion

Miller v. United States

United States Court of Federal Claims

Decided January 26, 2015No. 14-2PublishedCited by 16 opinions

1Opinion of the Court

Military Pay; Jurisdiction for Monetary Claim Related to Promotion That Was Allegedly Delayed Improperly; RCFC 12(b)(6); Remand Preferred to Supplementation of the Administrative Record.

OPINION

Bush, Senior Judge.

This military pay case is before the court on defendant’s motion to dismiss, or, in the alternative, motion for judgment upon the administrative record, filed under Rules 12(b)(1), 12(b)(6) and 52.1 of the Rules of the United States Court of Federal Claims (RCFC). 1 Defendant’s motion has been fully briefed and is ripe for decision. Plaintiffs pending motion to supplement the…

2Cases cited62 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. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936

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

3Cited by16 opinions

  1. Lippmann v. United StatesUnited States Court of Federal Claims · 2016
  2. Stein v. United StatesUnited States Court of Federal Claims · 2015
  3. Pipes v. United StatesUnited States Court of Federal Claims · 2017
  4. Garcia-Gines v. United StatesUnited States Court of Federal Claims · 2017
  5. Avery v. United StatesUnited States Court of Federal Claims · 2020

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API