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· 3/19/2013

M.E.S., Inc. v. Snell

Citations

  • 712 F.3d 666
  • 2013 WL 1110703
  • 2013 U.S. App. LEXIS 5415

How courts have described this case

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

  • holding that the court would only consider the text and caption of the original timely NOA because the amended notice naming a new appellant was not filed until beyond the 60-day limit
  • explaining that the court cannot consider “non-conclusory, non-hearsay statements outside the pleadings . . . under Rule 12(b)(6) unless they are incorporated within or integral to the complaint”
  • refusing to extend Bivens to a due process claim given the existence of a comprehensive statutory scheme covering contract disputes with the United States Government
  • finding no jurisdiction to review claim advanced by individual who was entirely absent from the original timely notice of appeal
  • rejecting Bivens remedy where “plaintiffs constitutional claims originate in contract obligations for which the comprehensive procedural and substantive provisions of the [Contract Disputes'Act] afford meaningful—and exclusive-remedies against the United' States”
  • “Precisely because Bivens is a judicially created remedy, however, federal courts have been reluctant to recognize such implied relief.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Parker, Raggi, Lynch

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.