117 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 times   365 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 27,807 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"
  3. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,016 times   501 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,484 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  5. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,856 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"
  6. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,686 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
  7. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,753 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
  8. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,433 times   8 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading
  9. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,969 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  10. Arlington Heights v. Metropolitan Housing Corp.

    429 U.S. 252 (1977)   Cited 4,284 times   8 Legal Analyses
    Holding that plaintiffs need show only that "a discriminatory purpose has been a motivating factor in the decision," because, after all, "[r]arely can it be said that a legislature or administrative body operating under a broad mandate made a decision motivated solely by a single concern, or even that a particular purpose was the ‘dominant’ or ‘primary’ one."
  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,317 times   134 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."
  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,781 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,431 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,244 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  15. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,243 times   336 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 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,511 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods
  17. Section 352 - Misbranded drugs and devices

    21 U.S.C. § 352   Cited 739 times   73 Legal Analyses
    Setting labeling requirements for drug products
  18. Section 337 - Proceedings in name of United States; provision as to subpoenas

    21 U.S.C. § 337   Cited 667 times   19 Legal Analyses
    Restricting FDCA enforcement to suits by the United States
  19. Section 333 - Penalties

    21 U.S.C. § 333   Cited 436 times   39 Legal Analyses
    Defining civil and criminal penalties for violations of Section 331
  20. Section 516 - Conduct of litigation reserved to Department of Justice

    28 U.S.C. § 516   Cited 335 times   1 Legal Analyses
    Granting the Attorney General and the Department of Justice exclusive power to direct litigation involving the United States
  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 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
  24. 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"
  25. 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
  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