231 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,669 times   366 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. Jones v. Bock

    549 U.S. 199 (2007)   Cited 12,884 times   7 Legal Analyses
    Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,945 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,320 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
  5. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,262 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
  6. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,031 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  7. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,554 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  8. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,491 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"
  9. Troxel v. Granville

    530 U.S. 57 (2000)   Cited 5,118 times   8 Legal Analyses
    Holding statute unconstitutional as applied
  10. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,664 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
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 488,498 times   692 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 347,142 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,699 times   135 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."
  14. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,889 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
  15. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,735 times   147 Legal Analyses
    Granting relief from the operation of a judgment
  16. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,579 times   66 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
  17. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,948 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  18. Rule 52 - Findings and Conclusions by the Court; Judgment on Partial Findings

    Fed. R. Civ. P. 52   Cited 26,438 times   100 Legal Analyses
    Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"
  19. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,589 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  20. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,472 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  21. Section 201.57 - Specific requirements on content and format of labeling for human prescription drug and biological products described in Section 201.56(b)(1)

    21 C.F.R. § 201.57   Cited 253 times   27 Legal Analyses
    Listing requirements for different subsections for indications, dosage, and clinical studies
  22. Section 314.50 - Content and format of an NDA

    21 C.F.R. § 314.50   Cited 148 times   16 Legal Analyses
    Recognizing the proprietary nature of DSD and SP specifications by requiring that each ANDA applicant provide its own distinct specifications
  23. 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
  24. 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"
  25. Section 330.10 - Procedures for classifying OTC drugs as generally recognized as safe and effective and not misbranded, and for establishing monographs

    21 C.F.R. § 330.10   Cited 52 times   2 Legal Analyses
    Subjecting "[a]ny product which fails to conform to an applicable monograph" to regulatory action
  26. 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"
  27. Section 201.100 - Prescription drugs for human use

    21 C.F.R. § 201.100   Cited 47 times   9 Legal Analyses
    Exempting certain approved and new drugs from the FDCA's labeling requirements for adequate directions for use
  28. Section 201.128 - Meaning of "intended uses"

    21 C.F.R. § 201.128   Cited 47 times   36 Legal Analyses

    The words intended uses or words of similar import in §§ 201.5 , 201.115 , 201.117 , 201.119 , 201.120 , 201.122 , and 1100.5 of this chapter refer to the objective intent of the persons legally responsible for the labeling of an article (or their representatives). The intent may be shown by such persons' expressions, the design or composition of the article, or by the circumstances surrounding the distribution of the article. This objective intent may, for example, be shown by labeling claims, advertising

  29. Section 201.5 - Drugs; adequate directions for use

    21 C.F.R. § 201.5   Cited 44 times   13 Legal Analyses
    Defining "adequate directions for use" as "directions under which the layman can use a device safely and for the purposes for which it is intended"
  30. Section 10.85 - Advisory opinions

    21 C.F.R. § 10.85   Cited 44 times   3 Legal Analyses
    Providing that an FDA employee's written statement, which constitutes "an informal communication," "does not necessarily represent the formal position of FDA," a statement that by its terms contemplates that certain employee statements may do so