§Why CasetextPricing

Bayala v. United States Department of Homeland Security

MOTION for Summary Judgment

69 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Batson v. Kentucky

    476 U.S. 79 (1986)   Cited 15,284 times   61 Legal Analyses
    Holding that the Equal Protection Clause applies to the use of peremptory strikes

  3. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,037 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  4. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,803 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

  5. Treichler v. Comm'r of Soc. Sec. Admin.

    775 F.3d 1090 (9th Cir. 2014)   Cited 5,190 times   1 Legal Analyses
    Holding that although an ALJ erred in assessing a claimant's testimony, a conflict between that testimony and the objective medical evidence warranted remand for further proceedings

  6. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,927 times   1 Legal Analyses
    Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"

  7. Milner v. Department of the Navy

    562 U.S. 2011 (2011)   Cited 716 times   2 Legal Analyses
    Holding that FOIA exemptions are "explicitly made exclusive"

  8. Hamdi v. Rumsfeld

    542 U.S. 507 (2004)   Cited 618 times   6 Legal Analyses
    Holding that exigencies of national security caution against full trial-type procedures to alleviate burden on Executive

  9. Encino Motorcars, LLC v. Navarro

    136 S. Ct. 2117 (2016)   Cited 374 times   18 Legal Analyses
    Holding that agency needed to provide "a more reasoned explanation for its decision to depart from its existing ... policy" in light of serious and ongoing industry reliance on prior policy when negotiating compensation packages

  10. Department of Justice v. Tax Analysts

    492 U.S. 136 (1989)   Cited 822 times   1 Legal Analyses
    Holding that documents are only “agency records” within the meaning of FOIA if the agency both “create or obtain” the documents and “control” them

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 405 - Evidence, procedure, and certification for payments

    42 U.S.C. § 405   Cited 157,021 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

  13. Section 3553 - Imposition of a sentence

    18 U.S.C. § 3553   Cited 76,858 times   111 Legal Analyses
    Holding that district court must consider whether its decision will "protect the public from further crimes of the defendant"

  14. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,960 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  15. Rule 52 - Findings and Conclusions by the Court; Judgment on Partial Findings

    Fed. R. Civ. P. 52   Cited 26,466 times   100 Legal Analyses
    Recognizing that a "reviewing court must give due regard to the trial court's opportunity to judge the witnesses' credibility"

  16. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,201 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  17. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,098 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  18. Section 637 - Additional powers

    15 U.S.C. § 637   Cited 333 times   37 Legal Analyses
    Conferring presumptive eligibility on anyone "found to be disadvantaged . . . pursuant to section 8 of the Small Business Act"

  19. Section 1099b - Recognition of accrediting agency or association

    20 U.S.C. § 1099b   Cited 51 times   6 Legal Analyses
    Requiring the accreditor to assess the institution's curricula, faculty, physical facilities, fiscal stability, student services, program length, degrees offered, and history of student complaints

  20. Section 8127 - Small business concerns owned and controlled by veterans: contracting goals and preferences

    38 U.S.C. § 8127   Cited 44 times   28 Legal Analyses
    Mandating use of the "Rule of Two"