106 Cited authorities

Richardson v. Perales
402 U.S. 389 (1971) Cited 56,377 times
Holding that, when "presented with the not uncommon situation of conflicting medical evidence . . . [t]he trier of fact has the duty to resolve that conflict"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,170 times 613 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Taylor v. Sturgell
553 U.S. 880 (2008) Cited 3,281 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."
Landgraf v. USI Film Prods.
511 U.S. 244 (1994) Cited 3,859 times 34 Legal Analyses
Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
Parklane Hosiery Co. v. Shore
439 U.S. 322 (1979) Cited 4,287 times 8 Legal Analyses
Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,739 times 79 Legal Analyses
Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,732 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Universal Camera Corp. v. Nat'l Labor Relations Bd.
340 U.S. 474 (1951) Cited 9,663 times 3 Legal Analyses
Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "
Hartmann v. Cal. Dep't of Corr. & Rehab.
707 F.3d 1114 (9th Cir. 2013) Cited 1,791 times
Holding that official who was "the 'most appropriate' defendant to execute court-ordered injunctive relief" and the official who "would have the authority to ensure execution of any order issued" were "proper official-capacity defendants for Plaintiffs' Establishment Clause claim"
Shrestha v. Holder
590 F.3d 1034 (9th Cir. 2010) Cited 1,760 times
Holding that adverse credibility determinations must be based on "specific and cogent reasons" supported by "specific instances in the record that support a conclusion that the factor undermines credibility."
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,874 times 229 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,308 times 57 Legal Analyses
Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
Section 553 - Rule making
5 U.S.C. § 553 Cited 4,136 times 153 Legal Analyses
Exempting "interpretative rules," among other things, from the notice-and-comment requirement
Section 461 - Transferred
25 U.S.C. § 461 Cited 423 times 1 Legal Analyses
Prohibiting allotment of reservation lands to individual Indians
Section 476 - Transferred
25 U.S.C. § 476 Cited 383 times 2 Legal Analyses
Proving that tribal constitutions may “prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe”
Section 465 - Transferred
25 U.S.C. § 465 Cited 279 times 7 Legal Analyses
Authorizing Secretary to acquire lands "in his discretion"
Section 2719 - Gaming on lands acquired after October 17, 1988
25 U.S.C. § 2719 Cited 191 times 5 Legal Analyses
Prohibiting gaming on lands acquired after October 17, 1988
Section 477 - Transferred
25 U.S.C. § 477 Cited 135 times 1 Legal Analyses
Barring contributions in connection "with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office"
Section 479 - Transferred
25 U.S.C. § 479 Cited 123 times 1 Legal Analyses
Defining the term “Indian” in the Indian Reorganization Act to include “all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation,” and “ further includ [ing] all other persons of one-half or more Indian blood ”
Section 1.2 - Applicability of regulations and reserved authority of the Secretary of the Interior
25 C.F.R. § 1.2 Cited 14 times
The regulations in chapter I of title 25 of the Code of Federal Regulations are of general application. Notwithstanding any limitations contained in the regulations of this chapter, the Secretary retains the power to waive or make exceptions to his regulations as found in chapter I of title 25 CFR in all cases where permitted by law and the Secretary finds that such waiver or exception is in the best interest of the Indians. 25 C.F.R. §1.2 25 FR 3124, Apr. 12, 1960
Section 292.26 - What effect do these regulations have on pending applications, final agency decisions, and opinions already issued?
25 C.F.R. § 292.26 Cited 11 times
Stating that the Part 292 regulations "do not alter final agency decisions made pursuant to [Section 20 of IGRA] before" the Part 292 regulations were enacted"
Section 292.10 - How does a tribe qualify as having been restored to Federal recognition?
25 C.F.R. § 292.10 Cited 3 times
For a tribe to qualify as having been restored to Federal recognition for purposes of § 292.7 , the tribe must show at least one of the following: (a) Congressional enactment of legislation recognizing, acknowledging, affirming, reaffirming, or restoring the government-to-government relationship between the United States and the tribe (required for tribes terminated by Congressional action); (b) Recognition through the administrative Federal Acknowledgment Process under § 83.8 of this chapter; or

County of Amador v. United States Department of the Interior et al

106 Cited authorities

Holding that, when "presented with the not uncommon situation of conflicting medical evidence . . . [t]he trier of fact has the duty to resolve that conflict"

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

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."

Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that court may not "displace the Board's choice between two fairly conflicting views, even though the court would justifiably have made a different choice had the matter been before it de novo "

Holding that official who was "the 'most appropriate' defendant to execute court-ordered injunctive relief" and the official who "would have the authority to ensure execution of any order issued" were "proper official-capacity defendants for Plaintiffs' Establishment Clause claim"

Holding that adverse credibility determinations must be based on "specific and cogent reasons" supported by "specific instances in the record that support a conclusion that the factor undermines credibility."

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

Exempting "interpretative rules," among other things, from the notice-and-comment requirement

Prohibiting allotment of reservation lands to individual Indians

Proving that tribal constitutions may “prevent the sale, disposition, lease, or encumbrance of tribal lands, interests in lands, or other tribal assets without the consent of the tribe”

Authorizing Secretary to acquire lands "in his discretion"

Prohibiting gaming on lands acquired after October 17, 1988

Barring contributions in connection "with any election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office"

Stating that the Part 292 regulations "do not alter final agency decisions made pursuant to [Section 20 of IGRA] before" the Part 292 regulations were enacted"