126 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,437 times 279 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 265,409 times 364 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' "
Thomas v. Arn
474 U.S. 140 (1985) Cited 90,811 times 1 Legal Analyses
Holding that the Sixth Circuit's waiver rule is within its supervisory powers
Arbaugh v. Y H Corp.
546 U.S. 500 (2006) Cited 7,765 times 27 Legal Analyses
Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
Harlow v. Fitzgerald
457 U.S. 800 (1982) Cited 31,432 times 11 Legal Analyses
Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,678 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Rumsfeld v. Padilla
542 U.S. 426 (2004) Cited 4,458 times 3 Legal Analyses
Holding that jurisdiction under § 2241(b) lies only in the district of confinement
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 6,967 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"
Bivens v. Six Unknown Fed. Narcotics Agents
403 U.S. 388 (1971) Cited 25,763 times 27 Legal Analyses
Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
Ruhrgas AG v. Marathon Oil Co.
526 U.S. 574 (1999) Cited 4,112 times 12 Legal Analyses
Holding that, because "[t]hey keep the federal courts within the bounds the Constitution and Congress have prescribed," questions concerning subject matter jurisdiction "must be policed by the courts on their own initiative even at the highest level"
Section 636 - Jurisdiction, powers, and temporary assignment
28 U.S.C. § 636 Cited 498,109 times 39 Legal Analyses
Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
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 344,481 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,044 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."
Section 2241 - Power to grant writ
28 U.S.C. § 2241 Cited 80,132 times 55 Legal Analyses
Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,489 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,395 times 183 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,325 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 11,181 times 22 Legal Analyses
Granting courts authority to "issue orders-including an order for separate trials."
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,030 times 23 Legal Analyses
Granting judicial review of "agency action"
Section 1361 - Action to compel an officer of the United States to perform his duty
28 U.S.C. § 1361 Cited 6,534 times 4 Legal Analyses
Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

Chacoty, et Al. v. Kerry, et Al.

126 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 Sixth Circuit's waiver rule is within its supervisory powers

Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

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

Holding that jurisdiction under § 2241(b) lies only in the district of confinement

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 there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

Holding that, because "[t]hey keep the federal courts within the bounds the Constitution and Congress have prescribed," questions concerning subject matter jurisdiction "must be policed by the courts on their own initiative even at the highest level"

Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"

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

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."

Granting courts authority to determine whether detention is "in violation of the . . . laws . . . of the United States"

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

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Granting courts authority to "issue orders-including an order for separate trials."

Granting judicial review of "agency action"

Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"