80 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,459 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,816 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
  3. Younger v. Harris

    401 U.S. 37 (1971)   Cited 16,739 times   14 Legal Analyses
    Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"
  4. Sprint Commc'ns, Inc. v. Jacobs

    571 U.S. 69 (2013)   Cited 1,633 times   4 Legal Analyses
    Holding that "these three 'exceptional' categories . . . define Younger's scope"
  5. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,417 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  6. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,432 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
  7. Shaw v. Delta Air Lines, Inc.

    463 U.S. 85 (1983)   Cited 3,512 times   17 Legal Analyses
    Holding that federal common law of ERISA preempts state law in the interpretation of ERISA benefit plans
  8. Allis-Chalmers Corp. v. Lueck

    471 U.S. 202 (1985)   Cited 2,721 times   4 Legal Analyses
    Holding that § 301 does not preempt state law claims based on non-negotiable, independent rights
  9. Lingle v. Norge Division of Magic Chef, Inc.

    486 U.S. 399 (1988)   Cited 2,061 times   3 Legal Analyses
    Holding that a retaliatory discharge claim was not preempted because the elements of the state tort did not necessitate interpretation of a labor contract
  10. Amoco Production Co. v. Gambell

    480 U.S. 531 (1987)   Cited 2,087 times   1 Legal Analyses
    Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,986 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 2000e-2 - Unlawful employment practices

    42 U.S.C. § 2000e-2   Cited 28,306 times   171 Legal Analyses
    Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
  13. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,901 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  14. Section 185 - Suits by and against labor organizations

    29 U.S.C. § 185   Cited 14,544 times   13 Legal Analyses
    Granting federal district courts jurisdiction over breach of contract claims arising out of collective bargaining contracts
  15. Section 12112 - Discrimination

    42 U.S.C. § 12112   Cited 13,523 times   159 Legal Analyses
    Recognizing failure to accommodate as form of discrimination
  16. Section 158 - Unfair labor practices

    29 U.S.C. § 158   Cited 10,272 times   80 Legal Analyses
    Granting employees a wage increase without bargaining with Local 355
  17. Section 623 - Prohibition of age discrimination

    29 U.S.C. § 623   Cited 10,086 times   51 Legal Analyses
    Holding that under the ADEA, it is unlawful to discriminate against individuals who are at least forty years of age
  18. Section 296 - [Effective 11/16/2024] Unlawful discriminatory practices

    N.Y. Exec. Law § 296   Cited 4,859 times   25 Legal Analyses
    Prohibiting discrimination because of "sexual orientation, ... sex," etc.
  19. Section 157 - Right of employees as to organization, collective bargaining, etc.

    29 U.S.C. § 157   Cited 3,279 times   97 Legal Analyses
    Granting employees the right to engage in or refrain from engaging in union activity
  20. Section 12201 - Construction

    42 U.S.C. § 12201   Cited 753 times   25 Legal Analyses
    Holding that "an employer has no duty to accommodate an employee it regards as disabled"
  21. Section 465.3 - Complaint

    N.Y. Comp. Codes R. & Regs. tit. 9 § 465.3   Cited 38 times

    (a) Who may file: (1) Any person or organization claiming to be aggrieved by an alleged unlawful discriminatory practice may, in person or by an attorney-at-law, make, sign and file with the regional office a verified complaint in writing. Assistance in drafting and filing complaints shall be available to complainants at all regional offices in person, by telephone or by mail. If a complainant lacks mental capacity, the complaint may be filed on his or her behalf by a person with a substantial interest

  22. Section 465.5 - Withdrawals, discontinuances and dismissals before a hearing

    N.Y. Comp. Codes R. & Regs. tit. 9 § 465.5   Cited 25 times
    Intimating legislative concern that "administrative convenience dismissal" not "contravene the election of remedies provisions"
  23. Section 465.4 - Amendments to complaint

    N.Y. Comp. Codes R. & Regs. tit. 9 § 465.4   Cited 14 times

    (a) Power to amend. The division or the complainant shall have the power reasonably and fairly to amend the complaint. No party may be removed by any amendment. After a hearing is commenced before an administrative law judge, any amendment is subject to the discretion of the administrative law judge. (b) Complainant's power. The complainant has the right to amend the complaint in a reasonable manner before the commencement of a hearing. (c) Division's power. The regional director, division attorney

  24. Section 465.8 - Probable cause review

    N.Y. Comp. Codes R. & Regs. tit. 9 § 465.8   Cited 5 times

    (a) The regional director must review all recommendations as to determinations after investigation made by an investigator, for accuracy of facts and legal sufficiency. The regional director shall keep a register of all determinations after investigation made by him or her after such review, with notation of the date of determination after review, and a comment if necessary. (b) A special unit, called the review unit, will review probable cause determinations as necessary. If such unit determines