50 Cited authorities

National Cable Telecom. Assn. v. Brand X Internet S
545 U.S. 967 (2005) Cited 1,175 times 41 Legal Analyses
Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"
Bedroc Ltd. v. United States
541 U.S. 176 (2004) Cited 509 times 1 Legal Analyses
Holding a court presumes that Congress says in the statute what it means
Perrin v. United States
444 U.S. 37 (1979) Cited 1,121 times 7 Legal Analyses
Holding that commercial bribery falls under the definition of bribery under the Travel Act, which was passed nine years before RICO was enacted
Morton v. Mancari
417 U.S. 535 (1974) Cited 1,353 times 9 Legal Analyses
Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”
Miss. ex rel. Hood v. Au Optronics Corp.
571 U.S. 161 (2014) Cited 217 times 21 Legal Analyses
Holding that "the ‘100 or more persons’ referred to in the statute are ... the very ‘plaintiffs’ referred to later in the sentence" and that the word "plaintiffs" means "the actual named parties who bring an action"
National Labor Rel. B. v. Kentucky R. Comm. C
532 U.S. 706 (2001) Cited 178 times 29 Legal Analyses
Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit
U.S. v. Southwestern Cable Co.
392 U.S. 157 (1968) Cited 293 times
Holding that the FCC's authority extends to cable television systems
Trade Comm'n v. Morton Salt Co.
334 U.S. 37 (1948) Cited 341 times 6 Legal Analyses
Holding that quantity discounts are not functionally available to many small buyers
Federal Trade Commission v. Verity International, Ltd.
443 F.3d 48 (2d Cir. 2006) Cited 144 times 3 Legal Analyses
Holding that "because the availability of restitution under § 13(b) of the FTC Act, to the extent it exists, derives from the district court's equitable jurisdiction, it follows that the district court may award only equitable restitution"
Federal Communications Commission v. Midwest Video Corp.
440 U.S. 689 (1979) Cited 103 times 1 Legal Analyses
Adopting analysis of National Association of Regulatory Utility Comm'rs v. FCC, 525 F.2d 630, 641 (D.C. Cir.)
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 345,885 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
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,409 times 134 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 45 - Unfair methods of competition unlawful; prevention by Commission
15 U.S.C. § 45 Cited 3,854 times 558 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"
Section 1345 - United States as plaintiff
28 U.S.C. § 1345 Cited 2,919 times 3 Legal Analyses
Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"
Section 332 - Mobile services
47 U.S.C. § 332 Cited 1,010 times 25 Legal Analyses
Granting jurisdiction for review of any final action that is inconsistent with the TCA and simply directing the court to "hear and decide such action on an expedited basis"
Section 53 - False advertisements; injunctions and restraining orders
15 U.S.C. § 53 Cited 815 times 71 Legal Analyses
Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue
Section 201 - Service and charges
47 U.S.C. § 201 Cited 709 times 11 Legal Analyses
Granting rulemaking authority
Section 153 - Definitions
47 U.S.C. § 153 Cited 648 times 29 Legal Analyses
Defining LECs as companies "engaged in the provision of telephone exchange service or exchange access," but not "engaged in the provision of commercial mobile service ... except to the extent that the Commission finds that such service should be included in the definition of such term"
Section 44 - Definitions
15 U.S.C. § 44 Cited 178 times 13 Legal Analyses
Defining "commerce" as including "commerce among the several States"

Federal Trade Commission v. AT&T Mobility LLC

50 Cited authorities

Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

Holding a court presumes that Congress says in the statute what it means

Holding that commercial bribery falls under the definition of bribery under the Travel Act, which was passed nine years before RICO was enacted

Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

Holding that "the ‘100 or more persons’ referred to in the statute are ... the very ‘plaintiffs’ referred to later in the sentence" and that the word "plaintiffs" means "the actual named parties who bring an action"

Holding that the burden of proving a statutory exception generally falls on the party who claims a benefit

Holding that the FCC's authority extends to cable television systems

Holding that quantity discounts are not functionally available to many small buyers

Holding that "because the availability of restitution under § 13(b) of the FTC Act, to the extent it exists, derives from the district court's equitable jurisdiction, it follows that the district court may award only equitable restitution"

Adopting analysis of National Association of Regulatory Utility Comm'rs v. FCC, 525 F.2d 630, 641 (D.C. Cir.)

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."

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"

Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"

Granting jurisdiction for review of any final action that is inconsistent with the TCA and simply directing the court to "hear and decide such action on an expedited basis"

Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue

Granting rulemaking authority

Defining LECs as companies "engaged in the provision of telephone exchange service or exchange access," but not "engaged in the provision of commercial mobile service ... except to the extent that the Commission finds that such service should be included in the definition of such term"

Defining "commerce" as including "commerce among the several States"