40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,689 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,662 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,086 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Mistretta v. United States
488 U.S. 361 (1989) Cited 1,916 times 7 Legal Analyses
Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage
Whitman v. American Trucking Assns., Inc.
531 U.S. 457 (2001) Cited 1,088 times 25 Legal Analyses
Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"
Camp v. Pitts
411 U.S. 138 (1973) Cited 1,959 times 1 Legal Analyses
Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"
Gundy v. United States
139 S. Ct. 2116 (2019) Cited 329 times 12 Legal Analyses
Holding that the non-delegation doctrine prevents Congress from transferring to another branch "powers which are strictly and exclusively legislative" (quoting Wayman v. Southard, 23 U.S. (10 Wheat.) 1, 42-43, 6 L.Ed. 253 )
Yakus v. United States
321 U.S. 414 (1944) Cited 1,516 times 1 Legal Analyses
Holding that Emergency Price Control Act of 1942 did not unconstitutionally delegate the legislative power of Congress
Inclusive Cmtys. Project, Inc. v. Lincoln Prop. Co.
920 F.3d 890 (5th Cir. 2019) Cited 411 times 1 Legal Analyses
Holding that when evaluating a 12(b) motion a court is limited to the "facts set forth in the complaint, documents attached to the complaint" and documents attached by the defendant to its motion to dismiss that are referenced in the plaintiff's complaint
Loving v. United States
517 U.S. 748 (1996) Cited 228 times
Holding that "the same limitations on delegation do not apply where the entity exercising the delegated authority itself possesses independent authority over the subject matter," such as delegations to the Executive Branch of matters that traditionally fall within executive discretion, like commander-in-chief power
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,767 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 94,538 times 650 Legal Analyses
Adopting Fed.R.Civ.P. 37
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,402 times 183 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 16901 - Transferred
42 U.S.C. § 16901 Cited 10,438 times 2 Legal Analyses
Noting that Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, was created "to protect the public from sex offenders and offenders against children"
Section 801 - Congressional findings and declarations: controlled substances
21 U.S.C. § 801 Cited 7,246 times 76 Legal Analyses
Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances
Section 841 - Definitions
18 U.S.C. § 841 Cited 2,034 times 5 Legal Analyses
Providing for a sentence of ten years to life in prison
Section 321 - Definitions; generally
21 U.S.C. § 321 Cited 1,165 times 158 Legal Analyses
Defining “new drug”
Section 387 - Definitions
21 U.S.C. § 387 Cited 45 times 2 Legal Analyses
Defining "United States"
Section 387a - FDA authority over tobacco products
21 U.S.C. § 387a Cited 45 times 2 Legal Analyses
Directing the Secretary to establish the Center for Tobacco Products within the Food and Drug Administration
Section 387j - Application for review of certain tobacco products
21 U.S.C. § 387j Cited 39 times 7 Legal Analyses
Instructing the FDA to consider "the increased or decreased likelihood that existing users of tobacco products will stop using such products"

Big Time Vapes, Inc. v. Food and Drug Administration

40 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that Sentencing Reform Act of 1984, 18 U.S.C. § 3551 et seq., and 28 U.S.C. § 991 et seq., did not result in Executive's wielding legislative powers, despite either House's power to block Act's passage

Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

Holding that the non-delegation doctrine prevents Congress from transferring to another branch "powers which are strictly and exclusively legislative" (quoting Wayman v. Southard, 23 U.S. (10 Wheat.) 1, 42-43, 6 L.Ed. 253 )

Holding that Emergency Price Control Act of 1942 did not unconstitutionally delegate the legislative power of Congress

Holding that when evaluating a 12(b) motion a court is limited to the "facts set forth in the complaint, documents attached to the complaint" and documents attached by the defendant to its motion to dismiss that are referenced in the plaintiff's complaint

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Adopting Fed.R.Civ.P. 37

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Noting that Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, was created "to protect the public from sex offenders and offenders against children"

Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

Providing for a sentence of ten years to life in prison

Defining “new drug”

Defining "United States"

Directing the Secretary to establish the Center for Tobacco Products within the Food and Drug Administration

Instructing the FDA to consider "the increased or decreased likelihood that existing users of tobacco products will stop using such products"