· 4/15/2005
Moden v. United States
Citations
- 404 F.3d 1335
- 35 Envtl. L. Rep. (Envtl. Law Inst.) 20082
- 60 ERC (BNA) 1225
- 2005 U.S. App. LEXIS 6320
- 2005 WL 857436
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that dismissal for lack of subject-matter jurisdiction is permissible where a claimant asserts a frivolous claim
- observing that causation must be shown in an inverse condemnation case because it is necessary to establish liability
- determining that an injury is “the direct, natural, or probable result” when the injury was “the foreseeable and predictable result of the authorized [government act].”
- stating that “to the extent the Modens have a nonfrivolous takings claim founded upon the Fifth Amendment, jurisdiction under the Tucker Act is proper”
- emphasizing that dismissal for lack of subject-matter jurisdiction is appropriate where the allegations contained in the complaint are “foreclosed by prior decisions”
- explaining that the Court of Federal Claims has jurisdiction over a Fifth Amendment takings claim only if plaintiffs “have a nonfrivolous takings claim”
Source: CourtListener parenthetical corpus (CC0).
Judges: Michel, Lourie, Prost
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.