138 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,142 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  3. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,254 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"
  4. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,821 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  5. Graham v. Connor

    490 U.S. 386 (1989)   Cited 25,243 times   26 Legal Analyses
    Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"
  6. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,729 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  7. Albright v. Oliver

    510 U.S. 266 (1994)   Cited 12,401 times   5 Legal Analyses
    Holding that the plaintiff’s § 1983 claim failed where the plaintiff failed to establish that he was deprived of a substantive due process right secured by the Constitution
  8. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,050 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"
  9. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,003 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  10. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,744 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"
  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 345,715 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
  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,916 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  13. Rule 34 - Producing Documents, Electronically Stored Information, and Tangible Things, or Entering onto Land, for Inspection and Other Purposes

    Fed. R. Civ. P. 34   Cited 13,117 times   146 Legal Analyses
    Finding that the rules related to electronic discovery were "not meant to create a routine right of direct access to a party's electronic information system, although such access may be justified in some circumstances."
  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,363 times   36 Legal Analyses
    Adopting the definition given in Section 551
  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,049 times   24 Legal Analyses
    Granting judicial review of "agency action"
  16. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,323 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
  17. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,203 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"
  18. Section 1806 - Use of information

    50 U.S.C. § 1806   Cited 169 times   4 Legal Analyses
    Allowing in camera , ex parte review of the legality of electronic surveillance under FISA Subchapter I if "the Attorney General files an affidavit under oath that disclosure or an adversary hearing would harm the national security of the United States"
  19. Section 1805 - Issuance of order

    50 U.S.C. § 1805   Cited 100 times
    Requiring "probable cause to believe . . . the target of the electronic surveillance is a foreign power or an agent of a foreign power"
  20. Section 1803 - Designation of judges

    50 U.S.C. § 1803   Cited 68 times   1 Legal Analyses

    (a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under