95 Cited authorities

  1. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 9,169 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"
  2. Lewis v. Continental Bank Corp.

    494 U.S. 472 (1990)   Cited 2,507 times   6 Legal Analyses
    Holding Article III prohibits federal courts from "decid [ing] questions that cannot affect the rights of litigants in the case before them"
  3. Alvarez v. Prospect Hosp

    68 N.Y.2d 320 (N.Y. 1986)   Cited 17,019 times   1 Legal Analyses
    Finding summary judgment appropriate by relying on a treating doctor's unrebutted deposition testimony
  4. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,254 times   12 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII
  5. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,004 times   74 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
  6. Carey v. Piphus

    435 U.S. 247 (1978)   Cited 3,161 times   5 Legal Analyses
    Holding that "the denial of procedural due process [is] actionable for nominal damages without proof of actual injury"
  7. Zuckerman v. City of N.Y

    49 N.Y.2d 557 (N.Y. 1980)   Cited 21,293 times   2 Legal Analyses
    Granting summary judgment as the city's arguments were considered speculation and this was "patently inadequate to establish the existence of a factual issue requiring a trial . . ."
  8. Memphis Community School Dist. v. Stachura

    477 U.S. 299 (1986)   Cited 1,164 times   2 Legal Analyses
    Holding that damages awards under section 1983 "may include not only out-of-pocket loss and other monetary harms, but also such injuries such as . . . mental anguish and suffering"
  9. Marmet Health Care Ctr., Inc. v. Brown

    565 U.S. 530 (2012)   Cited 300 times   32 Legal Analyses
    Holding that West Virginia's prohibition against predispute agreements to arbitrate personal-injury or wrongful-death claims against nursing homes was preempted by the FAA
  10. People v. Caban

    5 N.Y.3d 143 (N.Y. 2005)   Cited 1,313 times
    Holding conspirators' statements admissible as verbal acts to prove existence of conspiracy but not, absent independent evidence of the conspiracy, for their truth
  11. Section 78a - Short title

    15 U.S.C. § 78a   Cited 1,590 times   31 Legal Analyses
    Emphasizing considerations of federalism in SLUSA's legislative findings
  12. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 842 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933