52 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,239 times   367 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' "
  2. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,694 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact
  3. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,040 times   14 Legal Analyses
    Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"
  4. Kowalski v. Tesmer

    543 U.S. 125 (2004)   Cited 705 times   2 Legal Analyses
    Holding that attorneys lacked third party standing to assert the rights of future, as yet unascertained clients with whom “they ha[d] no relationship at all”
  5. Craig v. Boren

    429 U.S. 190 (1976)   Cited 1,560 times   1 Legal Analyses
    Holding that sex-based classifications are subject to intermediate scrutiny under the Fourteenth Amendment's Equal Protection Clause, including because Reed v. Reed , 404 U.S. 71, 92 S.Ct. 251, 30 L.Ed.2d 225, and other equal protection cases and social changes had overtaken any "inconsistent" suggestion in Goesaert v. Cleary , 335 U.S. 464, 69 S.Ct. 198, 93 L.Ed. 163
  6. Darby v. Cisneros

    509 U.S. 137 (1993)   Cited 548 times   2 Legal Analyses
    Holding that the APA’s judicial review statute "explicitly requires exhaustion of all intra-agency appeals mandated either by statute or by agency rule," but does not "require litigants to exhaust optional appeals as well"
  7. Virgin Atlantic Airways v. Nat. Mediation Bd.

    956 F.2d 1245 (2d Cir. 1992)   Cited 2,102 times
    Holding that "[e]ven if Rule 54(b) allows parties to request district courts to revisit earlier rulings, the moving party must do so within the strictures of the law of the case doctrine"
  8. Carey v. Population Services International

    431 U.S. 678 (1977)   Cited 842 times   3 Legal Analyses
    Holding that a provider of contraceptives could bring a derivative constitutional challenge on behalf of potential customers
  9. Doe v. U.S.

    419 F.3d 1058 (9th Cir. 2005)   Cited 287 times
    Holding that the plaintiff's motion for judgment on the pleadings was premature and should have been denied because it was filed before the defendant filed an answer
  10. National Wrestling Coaches v. Dept. of Educ

    366 F.3d 930 (D.C. Cir. 2004)   Cited 208 times
    Holding the plaintiffs had no standing to challenge the Department of Education's policy interpretations and clarifications on complying with Title IX, because the "direct causes" of the plaintiffs' injuries arose from the independent decisions of educational institutions that chose to eliminate or reduce the size of men's wrestling teams, and they "offer[ed] nothing but speculation to substantiate their assertion that a favorable judicial decision would result in schools altering their independent choices regarding the restoration or preservation of men's wrestling programs"
  11. 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 348,810 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,083 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,367 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,929 times   147 Legal Analyses
    Granting relief from the operation of a judgment
  15. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,731 times   67 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
  16. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,081 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  17. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,543 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  18. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,217 times   35 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
  19. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,612 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  20. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,280 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  21. Section 10.30 - Citizen petition

    21 C.F.R. § 10.30   Cited 140 times   35 Legal Analyses
    Describing the requirements for filing a citizens' petition
  22. Section 10.25 - Initiation of administrative proceedings

    21 C.F.R. § 10.25   Cited 77 times   3 Legal Analyses
    Including forms under 21 C.F.R. § 314.50 among the forms that constitute a "petition"
  23. Section 10.45 - Court review of final administrative action; exhaustion of administrative remedies

    21 C.F.R. § 10.45   Cited 48 times   1 Legal Analyses
    Providing that " request that the Commissioner take or refrain from taking any form of administrative action must first be the subject of a final administrative decision based on a petition submitted under § 10.25 . . . before any legal action is filed in a court complaining of the action or failure to act"
  24. Section 10.3 - Definitions

    21 C.F.R. § 10.3   Cited 5 times
    Defining administrative record for FDA decisions
  25. Section 314.120 - Reserved

    21 C.F.R. § 314.120   Cited 2 times

    21 C.F.R. §314.120