106 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,161 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,088 times   139 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"
  3. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,210 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
  4. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,043 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  5. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,579 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
  6. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 13,554 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"
  7. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,483 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"
  8. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,724 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  9. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,940 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
  10. Cleveland Board of Education v. Loudermill

    470 U.S. 532 (1985)   Cited 6,917 times   7 Legal Analyses
    Holding that the tenured public employee was "entitled to oral or written notice of the charges against him, an explanation of the employer's evidence, and an opportunity to present his side of the story"
  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 348,708 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,731 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,051 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."
  14. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,102 times   25 Legal Analyses
    Granting judicial review of "agency action"
  15. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,253 times   341 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  16. Section 353 - Exemptions and consideration for certain drugs, devices, and biological products

    21 U.S.C. § 353   Cited 300 times   20 Legal Analyses
    Requiring a prescription drug label to bear the symbol "Rx only"
  17. Section 393 - Food and Drug Administration

    21 U.S.C. § 393   Cited 182 times   10 Legal Analyses
    Defining the FDA's mission
  18. Section 355c - Research into pediatric uses for drugs and biological products

    21 U.S.C. § 355c   Cited 11 times   2 Legal Analyses

    (a) New drugs and biological products (1) In general (A) General requirements Except with respect to an application for which subparagraph (B) applies, a person that submits, on or after September 27, 2007, an application (or supplement to an application) for a drug- (i) under section 355 of this title for a new active ingredient, new indication, new dosage form, new dosing regimen, or new route of administration; or (ii) under section 262 of title 42 for a new active ingredient, new indication,

  19. Section 1.56 - Duty to disclose information material to patentability

    37 C.F.R. § 1.56   Cited 852 times   62 Legal Analyses
    Adopting broad standard of materiality requiring that information not be cumulative
  20. Section 314.50 - Content and format of an NDA

    21 C.F.R. § 314.50   Cited 150 times   16 Legal Analyses
    Recognizing the proprietary nature of DSD and SP specifications by requiring that each ANDA applicant provide its own distinct specifications
  21. 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"
  22. 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"
  23. Section 314.125 - Refusal to approve an NDA

    21 C.F.R. § 314.125   Cited 42 times   3 Legal Analyses
    Requiring FDA to reject application when proposed labeling is "false or misleading in any particular"
  24. Appendix A to Part 201 - Examples of Graphic Enhancements Used by FDA

    21 C.F.R. § 201 app A to Part 201   Cited 27 times   7 Legal Analyses

    I. Section 201.66 Standard Labeling Format A. Overall 1. The "Drug Facts" labeling is set off in a box or similar enclosure by the use of a barline with all black type printed on a white, color contrasting background. B. Typeface and size 1. "Drug Facts" is set in 14 point Helvetica Bold Italic, left justified. 2. "Drug Facts (continued)" is set in 8 point Helvetica Bold Italic for the words "Drug Facts" and 8 point Helvetica Regular for the word "(continued)" and is left justified. 3. The headings

  25. Section 314.71 - Procedures for submission of a supplement to an approved application

    21 C.F.R. § 314.71   Cited 12 times   2 Legal Analyses

    (a) Only the applicant may submit a supplement to an application. (b) All procedures and actions that apply to an application under § 314.50 also apply to supplements, except that the information required in the supplement is limited to that needed to support the change. A supplement is required to contain an archival copy and a review copy that include an application form and appropriate technical sections, samples, and labeling; except that a supplement for a change other than a change in labeling

  26. Section 310.200 - Prescription-exemption procedure

    21 C.F.R. § 310.200   Cited 11 times   2 Legal Analyses

    (a)Duration of prescription requirement. Any drug limited to prescription use under section 503(b)(1)(B) of the act remains so limited until it is exempted as provided in paragraph (b) or (e) of this section. (b)Prescription-exemption procedure for drugs limited by a new drug application. Any drug limited to prescription use under section 503(b)(1)(B) of the act shall be exempted from prescription-dispensing requirements when the Commissioner finds such requirements are not necessary for the protection