· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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