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· 11/1/2019

State Vs. Eclectic Servs., Inc.

How courts have described this case

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

  • explaining that if a plaintiff files a Section 1503 action beyond the five-year window, “the district court lacks subject-matter jurisdiction to hear the claim”
  • affirming dismissal for lack of subject matter jurisdiction and rejecting attempt to leverage 5 U.S.C. § 702’s general waiver of sovereign immunity for non-monetary suits “to seek the same relief for the same grievance provided for in § 1503(a
  • “[C]ourts should construe statutes to avoid rendering language and requirements to be surplusage.”
  • “But the person must bring the [§ 1503(a)] action ‘within five years after the final administrative denial of such right or privilege,’ otherwise the district court lacks subject-matter jurisdiction to hear the claim.” (citation omitted) (quoting 8 U.S.C. § 1503(a)

Source: CourtListener parenthetical corpus (CC0).

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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.