47 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,951 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,707 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' "
Spokeo, Inc. v. Robins
578 U.S. 330 (2016) Cited 7,526 times 437 Legal Analyses
Holding that a statutory violation, without more, did not give rise to Article III standing
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,047 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Gonzaga University v. Doe
536 U.S. 273 (2002) Cited 3,255 times 9 Legal Analyses
Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"
Lance v. Coffman
549 U.S. 437 (2007) Cited 580 times
Holding that plaintiffs lacked standing because “[t]he only injury [they] allege is that the law ... has not been followed”
Diamond v. Charles
476 U.S. 54 (1986) Cited 1,151 times 5 Legal Analyses
Holding that assessment of attorney's fees against a party does not confer standing to pursue the action on appeal
Franklin v. Massachusetts
505 U.S. 788 (1992) Cited 754 times 3 Legal Analyses
Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"
Coalition for Underground Expansion v. Mineta
333 F.3d 193 (D.C. Cir. 2003) Cited 395 times
Holding that a court may "consider the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts"
Am. Hosp. Ass'n v. Burwell
812 F.3d 183 (D.C. Cir. 2016) Cited 149 times 8 Legal Analyses
Holding the Secretary has a "clear duty" to comply with the statutory deadlines and that escalation is an inadequate alternative
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 489,951 times 693 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 348,231 times 929 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1252 - Judicial review of orders of removal
8 U.S.C. § 1252 Cited 42,704 times 36 Legal Analyses
Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"
Section 1361 - Action to compel an officer of the United States to perform his duty
28 U.S.C. § 1361 Cited 6,602 times 4 Legal Analyses
Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"
Section 2634.305 - Liabilities
5 C.F.R. § 2634.305 Cited 5 times
Providing that the report "shall identify and include a brief description of the filer's liabilities over $10,000," with certain further clarifications not relevant here
Section 2634.605 - Review of reports
5 C.F.R. § 2634.605 Cited 5 times
Dictating "face value" acceptance of disclosures, "unless there is a patent omission or ambiguity or the official has independent knowledge of matters outside the report"

Lovitky v. Trump

47 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a statutory violation, without more, did not give rise to Article III standing

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"

Holding that plaintiffs lacked standing because “[t]he only injury [they] allege is that the law ... has not been followed”

Holding that assessment of attorney's fees against a party does not confer standing to pursue the action on appeal

Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"

Holding that a court may "consider the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts"

Holding the Secretary has a "clear duty" to comply with the statutory deadlines and that escalation is an inadequate alternative

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

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

Holding court had no jurisdiction to review "any judgment regarding the granting of relief under section . . . 1229b"

Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

Providing that the report "shall identify and include a brief description of the filer's liabilities over $10,000," with certain further clarifications not relevant here

Dictating "face value" acceptance of disclosures, "unless there is a patent omission or ambiguity or the official has independent knowledge of matters outside the report"