30 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,278 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Taylor v. Sturgell

    553 U.S. 880 (2008)   Cited 3,164 times   12 Legal Analyses
    Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."
  3. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,687 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"
  4. Stewart v. U.S. Bancorp

    297 F.3d 953 (9th Cir. 2002)   Cited 742 times   1 Legal Analyses
    Holding that plaintiffs bear the “burden to amend their complaint” to assert claims that are not preempted by ERISA
  5. Mpoyo v. Litton Electro-Optical Systems

    430 F.3d 985 (9th Cir. 2005)   Cited 381 times   1 Legal Analyses
    Holding that two suits "relate[d] to the same set of facts" because they both concerned "the events leading to [the plaintiff's] termination"
  6. Harper v. Wallingford

    877 F.2d 728 (9th Cir. 1989)   Cited 291 times   1 Legal Analyses
    Holding that prison need not demonstrate proof of actual danger
  7. Western Systems, Inc. v. Ulloa

    958 F.2d 864 (9th Cir. 1992)   Cited 256 times
    Holding that "[t]he test for whether a subsequent action is barred is whether it arises from the same transaction, or series of transactions as the original action"
  8. Cell Therapeutics Inc. v. Lash Grp. Inc.

    586 F.3d 1204 (9th Cir. 2009)   Cited 155 times   1 Legal Analyses
    Holding that a target defendant's claim for contractual indemnification against a co-participant should not be dismissed at the pleading stage if it is not dependent on a finding of liability under the FCA
  9. International Union of Operating Engineers-Employers Construction Industry Pension, Welfare & Training Trust Funds v. Karr

    994 F.2d 1426 (9th Cir. 1993)   Cited 204 times
    Holding criterion to be outcome determinative and listing cases using the same nucleus of operative fact as the exclusive factor to bar a second claim under res judicata
  10. Proshipline v. Aspen Infrastructures

    609 F.3d 960 (9th Cir. 2010)   Cited 112 times
    Finding that Aqua Stoli's "limited scenario allows for equitable vacatur only when the plaintiff could obtain in personam jurisdiction over the defendant in the federal district where the plaintiff has its most significant presence"
  11. 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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,744 times   69 Legal Analyses
    Adopting the definition set out in the APA
  14. Section 1365 - Citizen suits

    33 U.S.C. § 1365   Cited 2,195 times   28 Legal Analyses
    Granting Administrator right to intervene in citizen suits
  15. Section 1311 - Effluent limitations

    33 U.S.C. § 1311   Cited 1,970 times   47 Legal Analyses
    Imposing general prohibition on "the discharge of any pollutant by any person"
  16. Section 1342 - National pollutant discharge elimination system

    33 U.S.C. § 1342   Cited 1,478 times   43 Legal Analyses
    Granting EPA the authority to require a permit for such discharges
  17. Section 1369 - Administrative procedure and judicial review

    33 U.S.C. § 1369   Cited 338 times   26 Legal Analyses
    Vesting jurisdiction in the Courts of Appeals to review the EPA’s action "in making any determination as to a State permit program submitted under section 1342(b) of [Title 33] ...."
  18. Section 1.5 - Organization and general information

    40 C.F.R. § 1.5   Cited 1 times

    (a) The U.S. Environmental Protection Agency's basic organization consists of Headquarters and 10 Regional Offices. EPA Headquarters in Washington, DC maintains overall planning, coordination and control of EPA programs. Regional Administrators head the Regional Offices and are responsible directly to the Administrator for the execution of the Agency's programs within the boundaries of their Regions. (b) EPA's Directives System contains definitive statements of EPA's organization, policies, procedures