54 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 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 268,629 times 366 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' "
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,199 times 5 Legal Analyses
Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
New Hampshire v. Maine
532 U.S. 742 (2001) Cited 4,556 times 17 Legal Analyses
Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,660 times 5 Legal Analyses
Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (2004) Cited 1,480 times 6 Legal Analyses
Holding that agency can be compelled to act if time period is specified by law
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,076 times 5 Legal Analyses
Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,095 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Heckler v. Community Health Services
467 U.S. 51 (1984) Cited 1,277 times 2 Legal Analyses
Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations
U.S. v. Oakland Cannabis Buyers' Cooperative
532 U.S. 483 (2001) Cited 373 times 10 Legal Analyses
Holding that there is no medical-necessity exception to the Controlled Substances Act's prohibitions on manufacturing and distributing marijuana
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 841 - Prohibited acts A
21 U.S.C. § 841 Cited 91,423 times 147 Legal Analyses
In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,510 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,405 times 36 Legal Analyses
Adopting the definition given in Section 551
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,295 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 801 - Congressional findings and declarations: controlled substances
21 U.S.C. § 801 Cited 7,288 times 77 Legal Analyses
Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,091 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 881 - Forfeitures
21 U.S.C. § 881 Cited 4,880 times 7 Legal Analyses
Adopting five-year statute of limitations of 19 U.S.C. § 1621
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,269 times 31 Legal Analyses
Granting judicial review over " final agency action"
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,801 times 8 Legal Analyses
Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"

City of Oakland v. Holder et al

54 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 absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

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

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations

Holding that there is no medical-necessity exception to the Controlled Substances Act's prohibitions on manufacturing and distributing marijuana

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

In § 841 prosecutions, then, it is the fact that the doctor issued an unauthorized prescription that renders his or her conduct wrongful, not the fact of the dispensation itself.

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

Adopting the definition given in Section 551

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

Finding that to effectively control interstate traffic in illegal drugs it is necessary to control intrastate possession of and traffic in those substances

Granting judicial review of "agency action"

Adopting five-year statute of limitations of 19 U.S.C. § 1621

Granting judicial review over " final agency action"

Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"