Federal Circuit· 10/5/2011

Engage Learning, Inc. v. Salazar

Citations

660 F.3d 1346
2011 U.S. App. LEXIS 20179
2011 WL 4618001

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “jurisdiction under [the Tucker Act] requires” that plaintiff plead sufficient facts to establish the existence of a contract with the government
finding that “the Board erred in dismissing this claim on jurisdictional grounds” even though the plaintiff “failed to allege at least two of the five requisite conditions” for the formation of a contract
noting that at the summary judgment stage of proceedings, “the court’s function is not to make credibility determinations and weigh the evidence so as to determine the truth, but rather to determine whether a genuine factual dispute exists for trial”
addressing jurisdiction over contract dispute under the Contract Disputes Act (CDA
“[A] dismissal on the merits usually carries res judicata effect whereas a dismissal for lack of jurisdiction typically does not.”
“Courts frequently confuse or conflate the distinction between subject matter jurisdiction and the essential elements of a claim for relief.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Lourie, O'Malley

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Cited by

111 cases in this archive cite this case; the 20 most cited are listed.

Cites

14 cases in this archive are cited by this case.

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