46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,221 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
  4. Hertz Corp. v. Friend

    559 U.S. 77 (2010)   Cited 4,262 times   30 Legal Analyses
    Holding that a corporation's principal place of business is “the place where a corporation's officers direct, control, and coordinate the corporation's activities”
  5. Caterpillar Inc. v. Lewis

    519 U.S. 61 (1996)   Cited 3,044 times   3 Legal Analyses
    Holding that "diversity became complete" when a nondiverse party settled and was dismissed from the case and that therefore "[t]he jurisdictional defect was cured"
  6. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,082 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  7. Jerome B. Grubart, Inc. v. Great Lakes Dredge Dock

    513 U.S. 527 (1995)   Cited 929 times   4 Legal Analyses
    Holding that the location test was satisfied when a crane, attached to a barge, was used to lift and replace pilings around a bridge pier and a tunnel flooded after an accident
  8. White v. Lee

    227 F.3d 1214 (9th Cir. 2000)   Cited 2,094 times   1 Legal Analyses
    Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”
  9. Sisson v. Ruby

    497 U.S. 358 (1990)   Cited 560 times
    Holding that storing a vessel at a marina on navigable waters substantially relates to traditional maritime activity
  10. Executive Jet Aviation v. City of Cleveland

    409 U.S. 249 (1972)   Cited 790 times
    Holding that for the purposes of admiralty jurisdiction, a tort occurs where the negligence "takes effect," not where the negligent act occurred
  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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 112,069 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,986 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  14. Section 1333 - Admiralty, maritime and prize cases

    28 U.S.C. § 1333   Cited 4,502 times   11 Legal Analyses
    Granting federal district courts original jurisdiction over "[a]ny civil case of admiralty or maritime jurisdiction"
  15. Section 901 - Short title

    33 U.S.C. § 901   Cited 4,127 times   20 Legal Analyses

    This chapter may be cited as "Longshore and Harbor Workers' Compensation Act." 33 U.S.C. § 901 Mar. 4, 1927, ch. 509, §1, 44 Stat. 1424; Pub. L. 98-426, §27(d)(1), Sept. 28, 1984, 98 Stat. 1654. EDITORIAL NOTES AMENDMENTS1984- Pub. L. 98-426 substituted "Longshore" for "Longshoremen's". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-426, §28(a)-(g), Sept. 28, 1984, 98 Stat. 1655, provided that:"(a) Except as otherwise provided in this section, the amendments

  16. Section 905 - Exclusiveness of liability

    33 U.S.C. § 905   Cited 1,880 times   6 Legal Analyses
    Providing that the employer’s liability for covered injuries "shall be exclusive and in place of all other liability of such employer to the employee"
  17. Section 902 - Definitions

    33 U.S.C. § 902   Cited 1,095 times   4 Legal Analyses
    Defining "employer" for LHWCA purposes