105 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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
  2. U.S. v. Williams

    553 U.S. 285 (2008)   Cited 1,614 times   10 Legal Analyses
    Holding that solicitation is "categorically excluded from First Amendment protection"
  3. Hoffman Estates v. Flipside, Hoffman Estates

    455 U.S. 489 (1982)   Cited 3,182 times   4 Legal Analyses
    Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"
  4. Grayned v. City of Rockford

    408 U.S. 104 (1972)   Cited 4,718 times   6 Legal Analyses
    Holding that a statute's words, even when "marked by flexibility and reasonable breadth, rather than meticulous specificity," are clear based on "what the ordinance as a whole prohibits"
  5. Holder v. Humanitarian Law Project

    561 U.S. 1 (2010)   Cited 859 times   5 Legal Analyses
    Holding that the plaintiffs had standing because a statute criminalized knowingly providing material support or resources to a foreign terrorist organization, and the plaintiffs had provided support to groups designated as terrorist organizations and planned to provide similar support in the future
  6. Free Enterprise Fund v. Public Company

    561 U.S. 477 (2010)   Cited 539 times   87 Legal Analyses
    Holding unconstitutional tenure provisions protecting executive officer, but concluding "the existence of the Board does not violate the separation of powers"
  7. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 859 times   15 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act
  8. Smiley v. Citibank (South Dakota), N. A.

    517 U.S. 735 (1996)   Cited 481 times   9 Legal Analyses
    Holding that neither an agency's delay in promulgating a regulation nor the fact that "it was litigation which disclosed the need for the regulation" affects the court's deference to the agency's interpretation of an ambiguous statute as embodied in such regulations
  9. Morrison v. Olson

    487 U.S. 654 (1988)   Cited 576 times   22 Legal Analyses
    Holding an independent counsel to be an inferior officer
  10. Baggett v. Bullitt

    377 U.S. 360 (1964)   Cited 927 times   1 Legal Analyses
    Holding a loyalty oath statute facially unconstitutional because of a similar definition of "subversive person"
  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 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   135 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."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,683 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,538 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
  15. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,915 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
  16. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,856 times   563 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
  17. Section 1345 - United States as plaintiff

    28 U.S.C. § 1345   Cited 2,922 times   3 Legal Analyses
    Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"
  18. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,868 times   15 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act
  19. Section 1818 - Termination of status as insured depository institution

    12 U.S.C. § 1818   Cited 496 times   42 Legal Analyses
    Granting subpoena power to the Federal Deposit Insurance Corporation
  20. Section 1841 - Definitions

    12 U.S.C. § 1841   Cited 285 times   24 Legal Analyses
    Exempting state companies from regulations covering federal bank holding companies
  21. Section 1026.36 - Prohibited acts or practices and certain requirements for credit secured by a dwelling

    12 C.F.R. § 1026.36   Cited 103 times   13 Legal Analyses
    Addressing mortgage servicer disclosure requirements in connection with processing of partial payments
  22. Section 682.200 - Definitions

    34 C.F.R. § 682.200   Cited 80 times
    Defining guaranty agency
  23. Section 1026.2 - Definitions and rules of construction

    12 C.F.R. § 1026.2   Cited 67 times   27 Legal Analyses
    Defining "consummation"
  24. Section 1026.18 - Content of disclosures

    12 C.F.R. § 1026.18   Cited 39 times   1 Legal Analyses

    For each transaction other than a mortgage transaction subject to § 1026.19(e) and (f) , the creditor shall disclose the following information as applicable: (a)Creditor. The identity of the creditor making the disclosures. (b)Amount financed. The amount financed, using that term, and a brief description such as the amount of credit provided to you or on your behalf. The amount financed is calculated by: (1) Determining the principal loan amount or the cash price (subtracting any downpayment); (2)

  25. Section 1026.1 - Authority, purpose, coverage, organization, enforcement, and liability

    12 C.F.R. § 1026.1   Cited 35 times   6 Legal Analyses
    Limiting coverage of TILA to extensions of credit to consumers
  26. Section 1026.17 - General disclosure requirements

    12 C.F.R. § 1026.17   Cited 32 times   7 Legal Analyses
    Mandating that closed-end disclosures be made "in writing"
  27. Section 1026.4 - Finance charge

    12 C.F.R. § 1026.4   Cited 17 times   5 Legal Analyses
    Providing that "[t]axes and fees prescribed by law that actually are or will be paid to public officials for determining the existence of or for perfecting, releasing, or satisfying a security interest" may be excluded from the finance charge if itemized and disclosed
  28. Section 1026.20 - Disclosure requirements regarding post-consummation events

    12 C.F.R. § 1026.20   Cited 14 times   23 Legal Analyses
    Setting forth notice requirements "in connection with the adjustment of interest rates"
  29. Section 225.28 - List of permissible nonbanking activities

    12 C.F.R. § 225.28   Cited 12 times   8 Legal Analyses

    (a)Closely related nonbanking activities. The activities listed in paragraph (b) of this section are so closely related to banking or managing or controlling banks as to be a proper incident thereto, and may be engaged in by a bank holding company or its subsidiary in accordance with the requirements of this regulation. (b)Activities determined by regulation to be permissible - (1)Extending credit and servicing loans. Making, acquiring, brokering, or servicing loans or other extensions of credit