...recognized an exception to sovereign immunity under the ultra vires doctrine. [W]here the officer's powers are limited by statute, his actions beyond those...facts demonstrating that the BIA's failure to recognize it or place it on the list of recognized tribes is ultra vires, that doctrine does not provide a basis for the waiver of sovereign immunity under...Larson. The district court approached the ultra vires doctrine by...

.... C. Are the Secretary's actions reviewable under the ultra vires doctrine? In a second effort to bypass the "no review...asserts the Secretary's actions were ultra vires because volume offsets were considered in establishing the 1992 conversion factor, even though Congress rejected a version of the revised Medicare Act that expressly authorized consideration of such offsets. The ultra vires doctrine "excepts.... 89, 114 n. 25 (1984). Likewise, the ultra vires doctrine allows a plaintiff to overcome the doctrine of federal sovereign immunity where it is alleged a federal officer has acted outside of his or...

...ultra vires, or without legal authority, in carrying out his duties. Id. at 371–72. This case concerns the breadth of this ultra vires doctrine. Specifically...often referred to the ultra vires doctrine as an exception to governmental and sovereign immunity, and we continue to do so today. However, some clarification is warranted. Our usage should not be...government officer's exercise of [limited] discretion” by alleging “that the officer acted without legal authority” is a viable ultra vires claim. See...

...does not apply. Second, Plaintiffs argue that under the ultra vires doctrine, the Court can review the Secretary's 2018 +0.4588% adjustment and continuation of the -0.7% recoupment adjustment because..., while Southwest Airlines does not explicitly mention the ultra vires doctrine, the D.C. Circuit has since explained that Southwest Airlines found jurisdiction to review the agency's...action under the ultra vires doctrine. Fl. Health Scis. Ctr., Inc. v. Sec. of Health and Human Servs...

...Cannot Bind Itself by Contract beyond Scope of Its Powers. Under the doctrine of ultra vires, a municipal corporation cannot bind itself by contract beyond the scope of its powers. Persons contracting...). The trial court based its decision in large part on the ultra vires doctrine. A municipal corporation cannot bind itself by contract beyond the scope of its powers. The law is clear...— Government Agency May Not Contract beyond Its Authority — Contract beyond Authority Is Ultra Vires and Unenforceable. An attempt by a governmental agency to enter into a contract in violation of its...

...sovereign immunity, the argument that the Reclamation Act contains an implied private right of action is futile. 1. Ultra vires Doctrine In the...alternative, Plaintiff argues that Defendants' alleged unlawful actions are outside their statutory authority and, therefore, based on the ultra vires doctrine, they are not entitled to sovereign...immunity for these actions. See Amended Complaint ¶¶ 47, 51, 55, 60, 64, and 68. I disagree. The ultra vires doctrine allows suit against a federal officer only when the...

...Court finds that it does. Accordingly, Plaintiffs cannot rely on Section 702 of the APA for a waiver of sovereign immunity. b. The Ultra Vires Doctrine. Next..., Plaintiffs seek to invoke the ultra vires exception to sovereign immunity of federal officials as set forth in Larson. Under this doctrine, “[i]f an employee of the...case law in the Ninth Circuit, post-dating the amendments to the APA in 1976, that applies the ultra vires doctrine or at least suggests its continued existence. See, e.g., Yakima...

...,” 8 Del. C. § 124, and “especially limitations thereon as embodied in the concept of ultra vires, which loomed large in the earlier days of the corporation law....” 1 David A. Drexler, et al., Delaware Corporation Law and Practice § 11.01, at 11–1 (Supp.2012). Broadly stated, the ultra vires doctrine which...incorporation, and (iii) abolishing through enactment of Section 124 whatever vestiges of the ultra vires doctrine may have remained with respect to the corporation's dealings with third parties...can undertake otherwise lawful acts.” Id. Section 124 was not the main event in the effort. It was the clean-up provision intended to catch any vestige of the traditional ultra vires doctrine that...

...Carnacchi's contention regarding the ultra vires doctrine. Carnacchi's pending motions for judicial notice and oral argument are denied as unnecessary. AFFIRMED. ...claim as barred by the doctrine of claim preclusion because Carnacchi's RICO claim was based on the same primary right asserted in a prior state court action that was dismissed without leave to amend...., 51 P.3d 297, 301, 306-07 (Cal. 2002) (setting forth elements of the doctrine of claim preclusion under California's primary rights theory...

...in light of the somewhat different eleventh amendment jurisprudence the Supreme Court has announced in its more recent decisions. The cases cited above rest on an ultra vires doctrine best...agency concepts that underlay [the] ultra vires theory." Althouse, How to Build a Separate Sphere: Federal Courts and State Power, 100 Harv.L.Rev. 1485, 1519 (1987) (citing...

...largely abolished ultra vires doctrine. Voidable acts are traditionally held to be ratifiable because the corporation can lawfully accomplish them if it does so in the appropriate manner. Thus.... The multitude of problems caused by the broader doctrine of ultra vires, of which the waste vestige is a small part, have been largely addressed through statutory and case law changes that have essentially whittled the doctrine down...the " ultra vires problem" as now being one "largely of historical interest" in the United States). As one distinguished commentator noted in 1927, "The doctrine of ultra vires while...

...that the ultra vires doctrine is an exception to Article 6243h's ban on judicial review. See Ferrell, 248 S.W.3d at 160...presented if the plaintiffs alleged the board was clearly violating some provision of the statute”). As stated in Heinrich, the ultra vires doctrine applies when a...–59 (Tex. 2007). To defeat the presumptive jurisdictional bar, the petitioners assert that subject-matter jurisdiction exists here because the pension-board members acted ultra vires and violated...

...those provisions in section 203 which permit ultra vires to be invoked in support of the actions or proceedings set forth as exceptions to the general language of this section. (See, also, on this point 27 Albany L. Rev. 202 "The New York Business Corporation Law", p. 204.) Finally plaintiff's contention that the ultra vires doctrine still...implied powers of the corporation conferred by the corporate charter. Neither is there merit to the plaintiff's contention that section 203 applies only where ultra vires...is raised as a defense. Notwithstanding the fact that this section is entitled "Defense of ultra vires" it seems that except in the three stated situations set forth in the section, which are not...

...should not use ivermectin to treat the coronavirus, and because the Doctors fall within the Act's zone of interests. Second, because the Doctors can use the APA for their ultra vires claims, we need not consider the common-law version of that doctrine. Third...sovereign immunity: (1) the ultra vires doctrine via the APA, (2) the ultra vires doctrine itself, and (3) the APA itself. The district court rejected all three paths....'" Under the common-law ultra vires doctrine, then, a strong merits argument is needed to overcome sovereign immunity-even at the pleading...

... We herein affirm our decision in Chemical Bank I and reject appellants' arguments that the Legislature ratified the ultra vires contracts. We also affirm the trial judge's release of the 60 remaining participants' obligation on the grounds of commercial frustration and mutual mistake. III EQUITABLE OBLIGATIONS Our review of the historical origins of equitable estoppel convinces us that the doctrine should...substantively ultra vires. As noted throughout this opinion, courts often grant relief against a municipality under the various equitable theories discussed above. Each equitable doctrine seems...the contracts had been for these purposes, the participants would have had statutory authority. They were not. The doctrine of substantively ultra vires activity thus precludes recovery...

...Constitution; (3) the Administrative Procedures Act; and (4) the Ultra Vires doctrine. Bravado seeks an order and judgment: (1) declaring the Federal Defendants' decision to award funding to Pine..."APA") and acted ultra vires. While Bravado cites the Appropriations Clause and the ultra vires doctrine, this is chiefly an APA action.... Richmond, 496 U.S. 414, 424 (1990). Under the ultra vires doctrine, the question "is always whether the agency has gone beyond what Congress has permitted...

...State Department of Transportation's (DOT) sale of land in violation of statutory notice requirements under RCW 47.12.063(2)(g) is ultra vires and void. Also, we are asked to determine whether the bona fide purchaser doctrine applies...that the sale of land was ultra vires and void, and it declined to extend the bona fide purchaser doctrine to these facts. We reverse the Court of Appeals' decision...evaluated whether DSHS should be liable to the plaintiffs for damages. It was in this context that we discussed the ultra vires doctrine and made the statement relied on by South Tacoma. We used the...

..., 437 P.2d 734 (1968). Plaintiff contends, however, that the purchase agreement was an ultra vires act of the corporation, not an illegal act, and that the defense of ultra vires does not apply to defendant. The "ultra vires" doctrine relates...an illegal act. The Supreme Court distinguished acts of a corporation which are ultra vires from acts which are illegal: "The claim that the giving...the prohibition contained in a statute of this state. The plaintiff's effort to acquire this lease was illegal as distinguished from ultra vires: Fletcher, Cyclopedia of Corporations, § 1611, and...