Statutory Construction

A few things I really liked about this decision: 1. It addresses the use of definitions with respect to subject matter jurisdiction. 2. I helps clarify the difference between failure to state a claim under F.R.Civ.P. 12(b)(6), and lack of subject matter jurisdiction under F.R.Civ.P. 12(b)(1). 3. It addresses how and when you can raise [...]

The “implied agreement” contemplated by the Dent Act as the basis of compensation, is not an agreement “implied in law,” more aptly termed a constructive or quasi contract, where, by fiction of law, a promise is imputed to perform a legal duty, as to repay money obtained by fraud or duress, but an agreement “implied [...]