60 Cited authorities

  1. Empire Healthchoice v. McVeigh

    547 U.S. 677 (2006)   Cited 1,838 times   10 Legal Analyses
    Holding that the federal government's "overwhelming interest in attracting able workers to the federal workforce" and "in the health and welfare of the federal workers upon whom it relies to carry out its functions" was insufficient to transform a "state-court-initiated tort litigation" into a "federal case"
  2. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,473 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"
  3. New Orleans Pub. Serv., Inc. v. New Orleans

    491 U.S. 350 (1989)   Cited 2,078 times   3 Legal Analyses
    Holding that Burford abstention is not appropriate where the plaintiff's claim "does not involve a state-law claim," and rejecting the Fifth Circuit's declaration that "`the absence of a state law claim [is] not fatal'" to the application of Burford abstention
  4. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 5,154 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"
  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,370 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
  6. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,341 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation
  7. Boyle v. United Technologies Corp.

    487 U.S. 500 (1988)   Cited 1,194 times   32 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. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 565 times   12 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision
  9. Silkwood v. Kerr-McGee Corp.

    464 U.S. 238 (1984)   Cited 933 times   1 Legal Analyses
    Holding that state award of punitive damages to person injured in nuclear incident did not conflict with federal remedial scheme regulating safety aspects of nuclear energy
  10. Tex. Indus., Inc. v. Radcliff Materials, Inc.

    451 U.S. 630 (1981)   Cited 744 times   3 Legal Analyses
    Holding no right of contribution under Clayton and Sherman Acts
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,100 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,360 times   92 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"
  15. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,361 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"
  16. Section 1

    Cal. Const. art. I § 1   Cited 1,090 times   1 Legal Analyses
    Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"
  17. Section 1801 - Definitions

    50 U.S.C. § 1801   Cited 282 times   10 Legal Analyses
    Explaining that lawful permanent residents are included in "United States persons"
  18. Section 1806 - Use of information

    50 U.S.C. § 1806   Cited 174 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 2A:156A-1 - Short title

    N.J. Stat. § 2A:156A-1   Cited 149 times   4 Legal Analyses

    This act shall be known and may be cited as the "New Jersey Wiretapping and Electronic Surveillance Control Act." N.J.S. § 2A:156A-1 L.1968, c.409, s.1, eff. 1/1/1969.

  20. Section 10-402 - Interception of communications generally; divulging contents of communications; violations of subtitle

    Md. Code, Cts. & Jud. Proc. § 10-402   Cited 44 times
    Authorizing judges to issue ex parte orders to intercept wire communications