95 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,051 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"
  2. St. Mary's Honor Ctr. v. Hicks

    509 U.S. 502 (1993)   Cited 12,279 times   8 Legal Analyses
    Holding that a trier of fact may infer discrimination upon rejecting an employer's proffered reason for termination
  3. Christopher v. Harbury

    536 U.S. 403 (2002)   Cited 5,129 times
    Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad
  4. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,810 times   32 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
  5. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,290 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"
  6. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,626 times   6 Legal Analyses
    Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"
  7. McCarthy v. Madigan

    503 U.S. 140 (1992)   Cited 1,837 times   2 Legal Analyses
    Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages
  8. Kowalski v. Tesmer

    543 U.S. 125 (2004)   Cited 704 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”
  9. Geier v. Am. Honda Motor Co.

    529 U.S. 861 (2000)   Cited 787 times   16 Legal Analyses
    Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”
  10. Federal Election Comm'n v. Akins

    524 U.S. 11 (1998)   Cited 786 times   16 Legal Analyses
    Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,937 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,228 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 52 - Findings and Conclusions by the Court; Judgment on Partial Findings

    Fed. R. Civ. P. 52   Cited 26,471 times   100 Legal Analyses
    Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"
  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,636 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  15. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,647 times   62 Legal Analyses
    Allowing "renewed motion"
  16. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,270 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  17. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,252 times   340 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"
  18. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,517 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods
  19. 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"
  20. Section 371 - Regulations and hearings

    21 U.S.C. § 371   Cited 260 times   8 Legal Analyses
    Granting the FDA general authority to promulgate regulations for administration of the Food, Drug, and Cosmetic Act
  21. Section 314.70 - Supplements and other changes to an approved NDA

    21 C.F.R. § 314.70   Cited 356 times   38 Legal Analyses
    Defining "major changes" as those "requiring supplement submission and approval prior to distribution of the product"
  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 10.85 - 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
  24. Section 314.430 - Availability for public disclosure of data and information in an application or abbreviated application

    21 C.F.R. § 314.430   Cited 37 times   2 Legal Analyses

    (a) The Food and Drug Administration will determine the public availability of any part of an application or abbreviated application under this section and part 20 of this chapter. For purposes of this section, the application or abbreviated application includes all data and information submitted with or incorporated by reference in the application or abbreviated application, including investigational new drug applications, drug master files under § 314.420 , supplements submitted under § 314.70

  25. Section 314.93 - Petition to request a change from a listed drug

    21 C.F.R. § 314.93   Cited 16 times   4 Legal Analyses
    Allowing ANDA applicants to submit an abbreviated new drug application for a drug product not identical to the listed drug "in route of administration, dosage form, and strength, or in which one active ingredient is substituted for one of the active ingredients" upon the permission and approval of the FDA
  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

  27. Section 312.42 - Clinical holds and requests for modification

    21 C.F.R. § 312.42   Cited 9 times   1 Legal Analyses
    Laying out procedures for hold removal request or appeal of an FDA hold decision
  28. Section 10.3 - Definitions

    21 C.F.R. § 10.3   Cited 5 times
    Defining administrative record for FDA decisions
  29. Section 1040.20 - Sunlamp products and ultraviolet lamps intended for use in sunlamp products

    21 C.F.R. § 1040.20   Cited 4 times

    (a)Applicability. (1) The provisions of this section, as amended, are applicable as specified herein to the following products manufactured on or after September 8, 1986. (i) Any sunlamp product. (ii) Any ultraviolet lamp intended for use in any sunlamp product. (2) Sunlamp products and ultraviolet lamps manufactured on or after May 7, 1980, but before September 8, 1986, are subject to the provisions of this section as published in the FEDERAL REGISTER of November 9, 1979 (44 FR 65357). (b)Definitions

  30. Section 10.20 - Submission of documents to Dockets Management Staff; computation of time; availability for public disclosure

    21 C.F.R. § 10.20   Cited 4 times   1 Legal Analyses

    (a) A submission to the Dockets Management Staff of a petition, comment, objection, notice, compilation of information, or any other document is to be filed in four copies except as otherwise specifically provided in a relevant FEDERAL REGISTER notice or in another section of this chapter. The Dockets Management Staff is the agency custodian of these documents. (b) A submission is to be signed by the person making it, or by an attorney or other authorized representative of that person. Submissions