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· 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 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.