115 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,232 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  2. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,628 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
  3. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 7,108 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
  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,583 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  6. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,768 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  7. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,850 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
  8. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,196 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"
  9. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 944 times   18 Legal Analyses
    Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"
  10. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 1,227 times   5 Legal Analyses
    Holding parties' legal theories not binding on Court, which "retains the independent power to identify and apply the proper construction of governing law"
  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 357,835 times   950 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,322 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,874 times   1249 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  15. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,779 times   143 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
  16. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,378 times   49 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
  17. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,979 times   29 Legal Analyses
    Requiring only that the plaintiff allege demand futility "with particularity"
  18. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,643 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
  19. Section 901 - Prerequisites to a class action

    N.Y. CPLR 901   Cited 997 times   8 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"
  20. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 908 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933