43 Cited authorities

Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,763 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"
Barnhart v. Thomas
540 U.S. 20 (2003) Cited 4,454 times 2 Legal Analyses
Holding that at step four, in concluding that a claimant may return to her past relevant work, an ALJ need not investigate whether that work exists in significant numbers in the national economy, noting that the inquiry into the "national economy" is reserved for step five
Seminole Tribe of Fla. v. Florida
517 U.S. 44 (1996) Cited 5,082 times 23 Legal Analyses
Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority
Key Tronic Corp. v. United States
511 U.S. 809 (1994) Cited 591 times 1 Legal Analyses
Holding that “the award of monetary damages ... to fund a future clean-up of ... property violate CERCLA” because § 113(g) provides that under § 107 the remedy for future response costs is a declaratory judgment
Jama v. Immigration & Customs Enforcement
543 U.S. 335 (2005) Cited 419 times 1 Legal Analyses
Holding that Congress could not have ratified a “settled construction” of a statute, because there was no “judicial consensus so broad and unquestioned that we must presume Congress knew of and endorsed it”
United States v. Bass
404 U.S. 336 (1971) Cited 1,267 times
Holding § 922(g)'s predecessor constitutional in light of the jurisdictional element
Cooper v. Aviall
543 U.S. 157 (2004) Cited 418 times 11 Legal Analyses
Holding that the portion of § 113(f) cited above "rebuts any presumption that the express right of contribution provided by the enabling clause is the exclusive cause of action for contribution available to a [potentially responsible party]"
Tex. Indus., Inc. v. Radcliff Materials, Inc.
451 U.S. 630 (1981) Cited 723 times 3 Legal Analyses
Holding no right of contribution under Clayton and Sherman Acts
Northwest Airlines, Inc. v. Transport Workers
451 U.S. 77 (1981) Cited 716 times 4 Legal Analyses
Holding no federal common law right to contribution in action by employer against union following class action in which employer was found to have violated Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 by paying collectively bargained wages
Kowal v. MCI Communications Corp.
16 F.3d 1271 (D.C. Cir. 1994) Cited 1,801 times 1 Legal Analyses
Holding that statements of optimism give rise to a strong inference of scienter if they lacked a reasonable basis when made
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 345,885 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,532 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 1231 - Detention and removal of aliens ordered removed
8 U.S.C. § 1231 Cited 7,799 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver
Section 9601 - Definitions
42 U.S.C. § 9601 Cited 4,269 times 129 Legal Analyses
Adopting the definition of “disposal” contained in the Solid Waste Disposal Act
Section 9607 - Liability
42 U.S.C. § 9607 Cited 3,264 times 64 Legal Analyses
Holding certain listed persons strictly "liable" for specified cleanup costs
Section 9613 - Civil proceedings
42 U.S.C. § 9613 Cited 2,175 times 37 Legal Analyses
Granting federal district courts "exclusive original jurisdiction" of CERCLA actions
Section 9606 - Abatement actions
42 U.S.C. § 9606 Cited 593 times 3 Legal Analyses
Granting authority to sue the United States for reimbursement for compliance costs in certain situations
Section 300.700 - Activities by other persons
40 C.F.R. § 300.700 Cited 227 times 1 Legal Analyses
Stating that "[p]rivate parties undertaking response actions should provide an opportunity for public comment concerning the selection of the response action"

Lockheed Martin Corporation et al v. United States of America

43 Cited authorities

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"

Holding that at step four, in concluding that a claimant may return to her past relevant work, an ALJ need not investigate whether that work exists in significant numbers in the national economy, noting that the inquiry into the "national economy" is reserved for step five

Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

Holding that “the award of monetary damages ... to fund a future clean-up of ... property violate CERCLA” because § 113(g) provides that under § 107 the remedy for future response costs is a declaratory judgment

Holding that Congress could not have ratified a “settled construction” of a statute, because there was no “judicial consensus so broad and unquestioned that we must presume Congress knew of and endorsed it”

Holding § 922(g)'s predecessor constitutional in light of the jurisdictional element

Holding that the portion of § 113(f) cited above "rebuts any presumption that the express right of contribution provided by the enabling clause is the exclusive cause of action for contribution available to a [potentially responsible party]"

Holding no right of contribution under Clayton and Sherman Acts

Holding no federal common law right to contribution in action by employer against union following class action in which employer was found to have violated Equal Pay Act of 1963 and Title VII of the Civil Rights Act of 1964 by paying collectively bargained wages

Holding that statements of optimism give rise to a strong inference of scienter if they lacked a reasonable basis when made

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting district courts the authority to create a remedy with the force of a final judgment

Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver

Adopting the definition of “disposal” contained in the Solid Waste Disposal Act

Holding certain listed persons strictly "liable" for specified cleanup costs

Granting federal district courts "exclusive original jurisdiction" of CERCLA actions

Granting authority to sue the United States for reimbursement for compliance costs in certain situations

Stating that "[p]rivate parties undertaking response actions should provide an opportunity for public comment concerning the selection of the response action"