92 Cited authorities

  1. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,959 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
  2. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,468 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law
  3. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 4,399 times   20 Legal Analyses
    Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."
  4. Robinson v. Metro-North Commuter R.R. Co.

    267 F.3d 147 (2d Cir. 2001)   Cited 664 times   3 Legal Analyses
    Holding compensatory or punitive damages sometimes permissible under Rule 23(b)
  5. Baffa v. Donaldson, Lufkin & Jenrette Secs. Corp.

    222 F.3d 52 (2d Cir. 2000)   Cited 686 times   2 Legal Analyses
    Holding that "class certification is inappropriate where a putative class representative is subject to unique defenses which threaten to become the focus of the litigation"
  6. Robidoux v. Celani

    987 F.2d 931 (2d Cir. 1993)   Cited 874 times   2 Legal Analyses
    Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"
  7. Marisol A. v. Giuliani

    126 F.3d 372 (2d Cir. 1997)   Cited 740 times
    Holding that the district court did not abuse its discretion in certifying the class but suggesting that prior to trial the district court “ensure that appropriate subclasses are identified”
  8. Brock v. Pierce County

    476 U.S. 253 (1986)   Cited 298 times   5 Legal Analyses
    Holding that the Government's failure to observe a 120-day statutory deadline did not deprive it of authority under the statute
  9. Consol. Rail Corp. v. Town of Hyde Park

    47 F.3d 473 (2d Cir. 1995)   Cited 745 times   2 Legal Analyses
    Holding that "numerosity is presumed at a level of 40 members"
  10. Telecommunications Research Action v. F.C.C

    750 F.2d 70 (D.C. Cir. 1984)   Cited 930 times   6 Legal Analyses
    Holding that a district court did not have jurisdiction to review a rule or issue a writ of mandamus because of a special review statute that assigned judicial review to the courts of appeals
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,205 times   654 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,974 times   1236 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"
  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,453 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  14. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,179 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
  15. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,747 times   69 Legal Analyses
    Adopting the definition set out in the APA
  16. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   146 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement
  17. Section 555 - Ancillary matters

    5 U.S.C. § 555   Cited 1,130 times   13 Legal Analyses
    Providing that an agency's notice of denial "shall be accompanied by a brief statement of the grounds for denial"
  18. Section 1427 - Requirements of naturalization

    8 U.S.C. § 1427   Cited 928 times   2 Legal Analyses
    Requiring that an applicant for naturalization have good moral character
  19. Section 1421 - Naturalization authority

    8 U.S.C. § 1421   Cited 918 times   1 Legal Analyses
    Granting district courts the authority to conduct de novo review of denials of applications for naturalization
  20. Section 1447 - Hearings on denials of applications for naturalization

    8 U.S.C. § 1447   Cited 863 times
    Stating that "the applicant may apply to the United States district court ... for a hearing on the matter" and "[s]uch court has jurisdiction over the matter and may either determine the matter or remand the matter, with appropriate instructions, to the [USCIS] to determine the matter"
  21. Section 335.2 - Examination of applicant

    8 C.F.R. § 335.2   Cited 213 times
    Employing the term "full criminal background check" but not referencing the FBI name check process
  22. Section 335.3 - Determination on application; continuance of examination

    8 C.F.R. § 335.3   Cited 145 times
    Providing that, in the absence of exceptional circumstances, "[t]he decision to grant or deny the application shall be made at the time of the initial examination or within 120-days [thereafter]"
  23. Section 100.2 - Reserved

    8 C.F.R. § 100.2   Cited 43 times
    Setting forth the organization and functions of the various divisions of the Immigration and Naturalization Service
  24. Section 310.5 - Judicial review

    8 C.F.R. § 310.5   Cited 29 times
    Stating that "[a]fter an application for naturalization is denied following a hearing before a Service officer pursuant to section 336 of the Act, the applicant may seek judicial review of the decision pursuant to section 310 of the Act."
  25. Section 316.4 - Application; documents

    8 C.F.R. § 316.4   Cited 26 times

    (a) The applicant will apply for naturalization in accordance with instructions provided on the form prescribed by USCIS for that purpose. (b) At the time of the examination on the application for naturalization, the applicant may be required to establish the status of lawful permanent resident by submitting the original evidence, issued by the Service, of lawful permanent residence in the United States. The applicant may be also required to submit any passports, or any other documents that have

  26. Section 0.105 - General functions

    28 C.F.R. § 0.105   Cited 9 times
    Describing the INS's function as administrator and enforcer of U.S. immigration laws
  27. Section 334.1 - Filing of application for naturalization

    8 C.F.R. § 334.1   Cited 4 times

    Any person who is an applicant under sections 316, 319, 324, 325, 327, 328, 329, or 330 of the Act and the corresponding parts of this chapter, may apply for naturalization in accordance with the procedures prescribed in this chapter in accordance with the instructions on the form. 8 C.F.R. §334.1 56 FR 50496, Oct. 7, 1991, as amended at 66 FR 32147, June 13, 2001; 74 FR 26941, June 5, 2009