95 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,518 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,254 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Boyle v. United States
556 U.S. 938 (2009) Cited 1,159 times 9 Legal Analyses
Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."
Bridge v. Phoenix Bond & Indem. Co.
553 U.S. 639 (2008) Cited 1,124 times 7 Legal Analyses
Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
United States v. Turkette
452 U.S. 576 (1981) Cited 2,735 times 2 Legal Analyses
Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity
Hemi Group, LLC v. City of New York
559 U.S. 1 (2010) Cited 774 times 2 Legal Analyses
Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves
Cedric Kushner Promotions, Ltd. v. King
533 U.S. 158 (2001) Cited 743 times 5 Legal Analyses
Holding person who is a corporate owner or employee is distinct from the corporation itself
McNally v. United States
483 U.S. 350 (1987) Cited 1,109 times 30 Legal Analyses
Holding that the mail fraud statute is "limited in scope to the protection of property rights"
Brooke Group Ltd. v. Brown Williamson Tobacco Corp.
509 U.S. 209 (1993) Cited 734 times 19 Legal Analyses
Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,500 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 1101 - Definitions
8 U.S.C. § 1101 Cited 16,572 times 91 Legal Analyses
Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
Section 1 - Trusts, etc., in restraint of trade illegal; penalty
15 U.S.C. § 1 Cited 3,173 times 70 Legal Analyses
Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
Section 17 - Antitrust laws not applicable to labor organizations
15 U.S.C. § 17 Cited 810 times 2 Legal Analyses
The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be
Section 22 - District in which to sue corporation
15 U.S.C. § 22 Cited 732 times 1 Legal Analyses
Providing for venue where the defendant is "an inhabitant," "may be found," or "transacts business"
Section 1184 - Admission of nonimmigrants
8 U.S.C. § 1184 Cited 611 times 11 Legal Analyses
Creating exceptions to caps, including separate quota of 20,000 for nonimmigrants with master's or higher degree
Section 291 - Authorization of associations; powers
7 U.S.C. § 291 Cited 175 times 4 Legal Analyses
Persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock, in collectively processing, preparing for market, handling, and marketing in interstate and foreign commerce, such products of persons so engaged. Such associations may have marketing agencies in common; and such associations and their members may make the necessary contracts and agreements
Section 655.122 - Contents of job offers
20 C.F.R. § 655.122 Cited 73 times 2 Legal Analyses
Requiring an employer to disclose the terms of the work contract to workers engaged in qualifying H-2A work during the contract period
Section 655.131 - Agricultural association and joint employer filing requirements
20 C.F.R. § 655.131 Cited 3 times
(a)Agricultural association filing requirements. If an agricultural association files an Application for Temporary Employment Certification, in addition to complying with all the assurances, guarantees, and other requirements contained in this subpart and in part 653, subpart F, of this chapter, the following requirements also apply. (1) The agricultural association must identify in the Application for Temporary Employment Certification for H-2A workers whether it is filing as a sole employer, a

Llacua et al v. Western Range Association et al

95 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

Holding person who is a corporate owner or employee is distinct from the corporation itself

Holding that the mail fraud statute is "limited in scope to the protection of property rights"

Holding that "tacit collusion" of participants in oligopolistic market to raise prices in response to higher costs is "not in itself unlawful"

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Requiring that fraud be pleaded with particularity

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Allowing service by filing papers with the court's electronic-filing system

Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

Providing for venue where the defendant is "an inhabitant," "may be found," or "transacts business"

Creating exceptions to caps, including separate quota of 20,000 for nonimmigrants with master's or higher degree

Requiring an employer to disclose the terms of the work contract to workers engaged in qualifying H-2A work during the contract period