97 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,751 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"
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,696 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Nixon v. Warner Communications, Inc.
435 U.S. 589 (1978) Cited 5,991 times 9 Legal Analyses
Holding that "business information that might harm a litigant's competitive standing" can constitute a sufficient reason to preserve records under seal
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (2000) Cited 1,499 times 40 Legal Analyses
Holding that Congress had not yet empowered the FDA to regulate tobacco products
Northern Pipeline Co. v. Marathon Pipe Line Co.
458 U.S. 50 (1982) Cited 2,964 times 20 Legal Analyses
Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims
Heckler v. Chaney
470 U.S. 821 (1985) Cited 2,037 times 20 Legal Analyses
Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"
Havens Realty Corp. v. Coleman
455 U.S. 363 (1982) Cited 2,025 times 13 Legal Analyses
Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage
Kucana v. Holder
558 U.S. 233 (2010) Cited 643 times 2 Legal Analyses
Holding that § 1252(B), which governs judicial review of discretionary decisions made by the Attorney General or the Secretary of Homeland Security, "does not proscribe judicial review of denials of motions to reopen"
Data Processing Service v. Camp
397 U.S. 150 (1970) Cited 2,469 times 2 Legal Analyses
Holding that "[t]here can be no doubt" that the plaintiffs have Article III standing because they "allege that competition [resulting from the challenged regulation] might entail some future loss of profits for [them]"
Federal Election Comm'n v. Akins
524 U.S. 11 (1998) Cited 778 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
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,127 times 133 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."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,849 times 1232 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,505 times 54 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,356 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 12188 - Enforcement
42 U.S.C. § 12188 Cited 1,329 times 5 Legal Analyses
Providing that the remedies available to individuals are set forth in 42 U.S.C. § 2000a-3, which allows a private right of action only for injunctive relief for violations of Title II of the Civil Rights Act of 1964
Section 16 - Judgments
15 U.S.C. § 16 Cited 711 times 11 Legal Analyses
Tolling the clock on private antitrust suits "during the pendency" of related suits by the federal government and "for one year thereafter"
Section 7413 - Federal enforcement
42 U.S.C. § 7413 Cited 560 times 17 Legal Analyses
Granting the Administrator discretion to extend the ambient air quality standard attainment date set in the 1977 Act by up to three years for steelmaking facilities
Section 334 - Seizure
21 U.S.C. § 334 Cited 374 times 5 Legal Analyses
Authorizing a libel for condemnation of adulterated and misbranded pharmaceuticals
Rule 66 - Receivers
Fed. R. Civ. P. 66 Cited 338 times 2 Legal Analyses
Providing that "the practice in administering an estate by a receiver or similar court-appointed officer must accord with the historical practice in federal courts or with a local rule"
Section 503 - Forfeitures
47 U.S.C. § 503 Cited 104 times 7 Legal Analyses
Stating that any person who has "willfully or repeatedly failed to comply with any of the provisions of this chapter or of any rule, regulation, or order issued by the Commission under this chapter . . . shall be liable to the United States for a forfeiture penalty"
Section 50.9 - Policy with regard to open judicial proceedings
28 C.F.R. § 50.9 Cited 32 times
Reciting "the vital public interest in open judicial proceedings" and stating the policy that DOJ counsel "shall not move for or consent to closure of a proceeding" unless "[n]o reasonable alternative exists for protecting the interests at stake" and "[f]ailure to close the proceedings will produce . . . substantial likelihood of denial of the right . . . to a fair trial"

Better Markets, Inc. v. Department of Justice et al

97 Cited authorities

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 that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

Holding that "business information that might harm a litigant's competitive standing" can constitute a sufficient reason to preserve records under seal

Holding that Congress had not yet empowered the FDA to regulate tobacco products

Holding that the Bankruptcy Act of 1978 was unconstitutional in part because it allowed bankruptcy courts to adjudicate state common law claims

Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage

Holding that § 1252(B), which governs judicial review of discretionary decisions made by the Attorney General or the Secretary of Homeland Security, "does not proscribe judicial review of denials of motions to reopen"

Holding that "[t]here can be no doubt" that the plaintiffs have Article III standing because they "allege that competition [resulting from the challenged regulation] might entail some future loss of profits for [them]"

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

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."

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Adopting the definition given in Section 551

Providing that the remedies available to individuals are set forth in 42 U.S.C. § 2000a-3, which allows a private right of action only for injunctive relief for violations of Title II of the Civil Rights Act of 1964

Tolling the clock on private antitrust suits "during the pendency" of related suits by the federal government and "for one year thereafter"

Granting the Administrator discretion to extend the ambient air quality standard attainment date set in the 1977 Act by up to three years for steelmaking facilities

Authorizing a libel for condemnation of adulterated and misbranded pharmaceuticals

Providing that "the practice in administering an estate by a receiver or similar court-appointed officer must accord with the historical practice in federal courts or with a local rule"

Stating that any person who has "willfully or repeatedly failed to comply with any of the provisions of this chapter or of any rule, regulation, or order issued by the Commission under this chapter . . . shall be liable to the United States for a forfeiture penalty"