· 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 CourtListenerSourced 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.