25 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,776 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' "
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,052 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"
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,062 times 1 Legal Analyses
Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (2004) Cited 1,483 times 6 Legal Analyses
Holding that agency can be compelled to act if time period is specified by law
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"
United States v. Nordic Village, Inc.
503 U.S. 30 (1992) Cited 1,789 times 3 Legal Analyses
Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
City of Erie v. Pap's A. M.
529 U.S. 277 (2000) Cited 1,066 times 4 Legal Analyses
Holding that an ordinance barring full nudity at nude dancing clubs does not violate the First Amendment
Department of Army v. Blue Fox, Inc.
525 U.S. 255 (1999) Cited 601 times 2 Legal Analyses
Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy
Ruckelshaus v. Sierra Club
463 U.S. 680 (1983) Cited 788 times 2 Legal Analyses
Holding that Congress's omission of a prevailing party requirement in 42 U.S.C. § 7607(f) “was meant to expand the class of parties eligible for fee awards from prevailing parties to partially prevailing parties”
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 348,310 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
Section 405 - Evidence, procedure, and certification for payments
42 U.S.C. § 405 Cited 157,075 times 34 Legal Analyses
Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346
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
Section 401 - Trust Funds
42 U.S.C. § 401 Cited 16,571 times 2 Legal Analyses
Filing No. 14 at 1
Section 406 - Representation of claimants before Commissioner
42 U.S.C. § 406 Cited 12,597 times 3 Legal Analyses
Holding that "[a]n attorney who successfully represents a Social Security benefits claimant in court may be awarded as part of the judgment `a reasonable fee . . . not in excess of 25 percent of the past-due benefits' awarded to the claimant."
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,097 times 24 Legal Analyses
Granting judicial review of "agency action"

Barilla v. Colvin

25 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

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"

Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

Holding that agency can be compelled to act if time period is specified by law

Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

Holding that an ordinance barring full nudity at nude dancing clubs does not violate the First Amendment

Holding that sovereign immunity bars an APA claim for money damages even when pursued as an equitable remedy

Holding that Congress's omission of a prevailing party requirement in 42 U.S.C. § 7607(f) “was meant to expand the class of parties eligible for fee awards from prevailing parties to partially prevailing parties”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

Granting district courts the authority to create a remedy with the force of a final judgment

Filing No. 14 at 1

Holding that "[a]n attorney who successfully represents a Social Security benefits claimant in court may be awarded as part of the judgment `a reasonable fee . . . not in excess of 25 percent of the past-due benefits' awarded to the claimant."

Granting judicial review of "agency action"