33 Cited authorities

  1. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,929 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
  2. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,836 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  3. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,365 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"
  4. Old Chief v. United States

    519 U.S. 172 (1997)   Cited 3,066 times   7 Legal Analyses
    Holding that the district court had abused its discretion in admitting the record of conviction when the defendant in that case offered to stipulate to a prior felony conviction
  5. Verizon Maryland Inc. v. Public Service Commission

    535 U.S. 635 (2002)   Cited 2,209 times   1 Legal Analyses
    Holding that "even if [47 U. S. C] § 252(e) does not confer jurisdiction, it at least does not divest the district courts of their authority under 28 U. S. C. § 1331 to review the Commission's order for compliance with federal law"
  6. Bell v. Hood

    327 U.S. 678 (1946)   Cited 4,330 times
    Holding that an asserted federal claim triggers federal question jurisdiction unless the claim "clearly appears to be immaterial and made solely for the purpose of obtaining jurisdiction or where such a claim is wholly insubstantial and frivolous"
  7. City of Waukesha v. E.P.A

    320 F.3d 228 (D.C. Cir. 2003)   Cited 257 times
    Holding "general and generic" response to comments were sufficient
  8. 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"
  9. Wilburn v. Robinson

    480 F.3d 1140 (D.C. Cir. 2007)   Cited 105 times   2 Legal Analyses
    Holding that Fed.R.App.P. 4's tolling provision for "timely file[d]" post-judgment motions is a claim-processing rule
  10. Sierra Club v. Costle

    657 F.2d 298 (D.C. Cir. 1981)   Cited 165 times   4 Legal Analyses
    Holding that the text of 42 U.S.C. § 7411, which allows the EPA to “distinguish among classes, types and sizes,” permits distinctions based on variations in the sulfur content of coal used by utility plants
  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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,342 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
  13. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,725 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"
  14. Rule 52 - Findings and Conclusions by the Court; Judgment on Partial Findings

    Fed. R. Civ. P. 52   Cited 26,478 times   100 Legal Analyses
    Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"
  15. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,193 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  16. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,520 times   35 Legal Analyses
    Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
  17. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,102 times   25 Legal Analyses
    Granting judicial review of "agency action"
  18. 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