52 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,143 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  2. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,925 times   48 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"
  3. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,857 times   43 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit
  4. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,185 times   80 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
  5. Pliva, Inc. v. Mensing

    564 U.S. 604 (2011)   Cited 746 times   143 Legal Analyses
    Holding that state tort law that required generic drug manufacturers to provide adequate warning labels was preempted where federal law required manufacturers to use the same labels as their brand-name counterparts
  6. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,233 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"
  7. Boyle v. United Technologies Corp.

    487 U.S. 500 (1988)   Cited 1,165 times   28 Legal Analyses
    Holding that where evidence in a civil trial does not suffice to support a jury verdict for plaintiff under a properly formulated defense, judgment may be entered for defendant on appeal despite the fact that defendant did not object to jury instructions "that expressed the defense differently, and in a fashion that would support a verdict"
  8. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,187 times   3 Legal Analyses
    Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
  9. Eastern Enterprises v. Apfel

    524 U.S. 498 (1998)   Cited 558 times   4 Legal Analyses
    Holding that levying Coal Act premiums on a pre-1978 signatory operator was an unconstitutional taking because the operator never agreed to provide lifetime benefits to its retirees
  10. Fla. Avocado Growers v. Paul

    373 U.S. 132 (1963)   Cited 1,568 times   3 Legal Analyses
    Holding federal regulation concerning maturity of avocados did not preempt California regulation, where it was not impossible for growers to comply with both regulations
  11. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,262 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"
  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,349 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  13. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,065 times   48 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  14. Rule 50 - Judgment as a Matter of Law in a Jury Trial; Related Motion for a New Trial; Conditional Ruling

    Fed. R. Civ. P. 50   Cited 13,618 times   62 Legal Analyses
    Allowing "renewed motion"
  15. Section 8 - Powers of Congress

    U.S. Const. art. I, § 8   Cited 6,975 times   28 Legal Analyses
    Granting Congress the power to “provide for the common Defence,” to “regulate Commerce with foreign Nations,” and to “establish an uniform Rule of Naturalization”
  16. Section 7401 - Congressional findings and declaration of purpose

    42 U.S.C. § 7401   Cited 1,377 times   16 Legal Analyses
    Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”
  17. Section 360k - State and local requirements respecting devices

    21 U.S.C. § 360k   Cited 1,026 times   21 Legal Analyses
    Authorizing the FDA to determine the scope of the Medical Devices Amendments' pre-emption clause
  18. Section 3 - Legislative, Diplomatic, and Law Enforcement Duties of the President

    U.S. Const. art. II, § 3   Cited 430 times   4 Legal Analyses
    Granting authority to the President to "take Care that the Laws be faithfully executed"
  19. Section 84-2-102 - Scope; certain security and other transactions excluded from this article

    Kan. Stat. § 84-2-102   Cited 40 times
    Explaining that "this article applies to transactions in goods"
  20. Section 272 - Establishment, functions, and activities

    15 U.S.C. § 272   Cited 18 times   1 Legal Analyses
    Authorizing the NIST to "assist industry in the development of measurements, measurement methods, and basic measurement technology"
  21. Section 200.100 - Statutory functions

    15 C.F.R. § 200.100

    (a) The National Institute of Standards & Technology (NIST) has been assigned the following functions ( 15 U.S.C. 271 et seq. ): (1) The custody, maintenance, and development of the national standards of measurement, and the provision of means and methods for making measurements consistent with those standards, including the comparison of standards used in scientific investigations, engineering, manufacturing, commerce, and educational institutions with the standards adopted or recognized by the