77 Cited authorities

Wal-Mart Stores, Inc. v. Dukes
564 U.S. 338 (2011) Cited 6,633 times 505 Legal Analyses
Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
Amchem Prods., Inc. v. Windsor
521 U.S. 591 (1997) Cited 6,950 times 69 Legal Analyses
Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,365 times 44 Legal Analyses
Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Zipes v. Trans World Airlines, Inc.
455 U.S. 385 (1982) Cited 3,692 times 6 Legal Analyses
Holding that the Title VII limitations period should be construed to "honor the remedial purpose of the legislation as a whole without negating the particular purpose of the filing requirement"
Reed Elsevier v. Muchnick
559 U.S. 154 (2010) Cited 1,133 times 15 Legal Analyses
Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"
McCarthy v. Madigan
503 U.S. 140 (1992) Cited 1,833 times 2 Legal Analyses
Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages
Weinberger v. Salfi
422 U.S. 749 (1975) Cited 2,757 times
Holding existence of a final decision made after a hearing is central to the grant of subject matter jurisdiction under § 405(g)
Albemarle Paper Co. v. Moody
422 U.S. 405 (1975) Cited 2,610 times 5 Legal Analyses
Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,115 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Harper & Row, Publishers, Inc. v. Nation Enterprises
471 U.S. 539 (1985) Cited 1,214 times 14 Legal Analyses
Holding that if a new work "supersede the use of the original," it is probably not a fair use
Section 405 - Evidence, procedure, and certification for payments
42 U.S.C. § 405 Cited 156,275 times 34 Legal Analyses
Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,868 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 1407 - Multidistrict litigation
28 U.S.C. § 1407 Cited 7,054 times 105 Legal Analyses
Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,332 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,745 times 107 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,597 times 55 Legal Analyses
Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"
Section 501 - Infringement of copyright
17 U.S.C. § 501 Cited 3,163 times 26 Legal Analyses
Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"
Section 505 - Remedies for infringement: Costs and attorney's fees
17 U.S.C. § 505 Cited 2,973 times 70 Legal Analyses
Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases
Section 102 - Subject matter of copyright: In general
17 U.S.C. § 102 Cited 2,249 times 119 Legal Analyses
Granting protection to "literary works"
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,478 times 132 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

Heinlein v. West Publishing Corporation

77 Cited authorities

Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

Holding that the Title VII limitations period should be construed to "honor the remedial purpose of the legislation as a whole without negating the particular purpose of the filing requirement"

Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"

Holding that a prisoner was not required to exhaust the Bureau of Prisons' administrative procedure before making a Bivens claim for money damages

Holding existence of a final decision made after a hearing is central to the grant of subject matter jurisdiction under § 405(g)

Holding that an employment policy cannot stand if another policy, "without a similarly undesirable racial effect, would also serve the employer's legitimate interest"

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding that if a new work "supersede the use of the original," it is probably not a fair use

Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

Granting protection to "literary works"

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.