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· 9/21/1866

McKrell v. Metcalfe

Citations

  • 63 Ky. 533
  • 2 Duv. 533
  • 1866 Ky. LEXIS 52

How courts have described this case

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

  • stating that for statutes and regulations to establish a fiduciary duty there generally must be a trustee, a beneficiary, and a trust corpus (citing Mitchell, 463 U.S. at 225)
  • finding retaliation claims to sound in tort and the Court lack subject-matter jurisdiction
  • noting that fraud is a tort
  • “In May 2004, the United States filed suit against plaintiffs in federal district 8 court to collect the unpaid taxes for the 1988, 1989, and 1990 tax years.”
  • “However, because the First Amendment, standing alone, does not obligate the United States to pay money damages, it cannot serve as the basis for jurisdiction in the Court of Federal Claims.”
  • ‘[P]laintiffs contend that the United States has engaged in tortious conduct, including harassment and persecution, malfeasance, fraud, abuse, and deception ... . The Court of Federal Claims does not possess jurisdiction to entertain claims sounding in tort.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Williams

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.