§Why CasetextPricing

National Association of Waterfront Employers v. Chao

MOTION to Dismiss Plaintiffs' Complaints

73 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 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' "

  2. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,230 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  3. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,042 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,661 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"

  5. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,813 times   42 Legal Analyses
    Holding that a procedure based on written submissions was adequate because it included safeguards against mistake including that the agency informed the recipient of its tentative assessment and the evidence supporting it and an opportunity was then afforded the recipient to submit additional evidence "enabling him to challenge directly the accuracy of information in his file as well as the correctness of the agency's tentative conclusions"

  6. Nixon v. Warner Communications, Inc.

    435 U.S. 589 (1978)   Cited 6,074 times   9 Legal Analyses
    Holding that "business information that might harm a litigant's competitive standing" can constitute a sufficient reason to preserve records under seal

  7. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,048 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  8. Richmond Newspapers, Inc. v. Virginia

    448 U.S. 555 (1980)   Cited 1,653 times   12 Legal Analyses
    Holding that criminaltrials must be open to the public

  9. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.

    435 U.S. 519 (1978)   Cited 1,760 times   5 Legal Analyses
    Holding that where rulemaking fulfills basic APA standards for notice and procedure, a court will not impose additional process

  10. Bowen v. Massachusetts

    487 U.S. 879 (1988)   Cited 1,044 times   2 Legal Analyses
    Holding that monetary relief was equitable because it sought reimbursement to which the State was allegedly already entitled, rather than money in compensation for losses suffered

  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 348,617 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,530 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,209 times   557 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

  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,276 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  15. Section 901 - Short title

    33 U.S.C. § 901   Cited 4,127 times   20 Legal Analyses

    This chapter may be cited as "Longshore and Harbor Workers' Compensation Act." 33 U.S.C. § 901 Mar. 4, 1927, ch. 509, §1, 44 Stat. 1424; Pub. L. 98-426, §27(d)(1), Sept. 28, 1984, 98 Stat. 1654. EDITORIAL NOTES AMENDMENTS1984- Pub. L. 98-426 substituted "Longshore" for "Longshoremen's". STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98-426, §28(a)-(g), Sept. 28, 1984, 98 Stat. 1655, provided that:"(a) Except as otherwise provided in this section, the amendments

  16. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,102 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  17. Section 921 - Review of compensation orders

    33 U.S.C. § 921   Cited 1,332 times
    Setting standard of review that Benefits Review Board must apply to ALJ's findings

  18. Section 901 - Congressional findings and declaration of purpose; short title

    30 U.S.C. § 901   Cited 1,136 times   2 Legal Analyses

    (a) Congress finds and declares that there are a significant number of coal miners living today who are totally disabled due to pneumoconiosis arising out of employment in one or more of the Nation's coal mines; that there are a number of survivors of coal miners whose deaths were due to this disease; and that few States provide benefits for death or disability due to this disease to coal miners or their surviving dependents. It is, therefore, the purpose of this subchapter to provide benefits, in

  19. Section 554 - Adjudications

    5 U.S.C. § 554   Cited 1,036 times   31 Legal Analyses
    Granting authority to agencies to "issue a declaratory order to terminate a controversy or remove uncertainty."

  20. Section 557 - Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record

    5 U.S.C. § 557   Cited 736 times   6 Legal Analyses
    Requiring an ALJ to explain the basis of his or her findings and conclusions

  21. Section 725.309 - Additional claims; effect of prior denial of benefits

    20 C.F.R. § 725.309   Cited 81 times
    Mandating that "[a]ny evidence submitted in connection with any prior claim must be made a part of the record in the subsequent claim"

  22. Section 725.481 - Right to appeal to the Benefits Review Board

    20 C.F.R. § 725.481   Cited 22 times

    Any party dissatisfied with a decision and order issued by an administrative law judge may, before the decision and order becomes final (see § 725.479 ), appeal the decision and order to the Benefits Review Board. A notice of appeal shall be filed with the Board. Proceedings before the Board shall be conducted in accordance with part 802 of this title. 20 C.F.R. §725.481

  23. Section 725.2 - Purpose and applicability of this part

    20 C.F.R. § 725.2   Cited 16 times
    Limiting application of those sections (among others) as amended to claims initiated on or after January 19, 2001

  24. Section 725.482 - Judicial review

    20 C.F.R. § 725.482   Cited 14 times

    (a) Any person adversely affected or aggrieved by a final order of the Benefits Review Board may obtain a review of that order in the U.S. court of appeals for the circuit in which the injury occurred by filing in such court within 60 days following the issuance of such Board order a written petition praying that the order be modified or set aside. The payment of the amounts required by an award shall not be stayed pending final decision in any such proceeding unless ordered by the court. No stay

  25. Section 725.477 - Form and contents of decision and order

    20 C.F.R. § 725.477   Cited 11 times

    (a) Orders adjudicating claims for benefits shall be designated by the term "decision and order" or "supplemental decision and order" as appropriate, followed by a descriptive phrase designating the particular type of order, such as "award of benefits," "rejection of claim," "suspension of benefits," "modification of award." (b) A decision and order shall contain a statement of the basis of the order, findings of fact, conclusions of law, and an award, rejection or other appropriate paragraph containing

  26. Section 725.452 - Type of hearing; parties

    20 C.F.R. § 725.452   Cited 11 times

    (a) A hearing held under this part shall be conducted by an administrative law judge designated by the Chief Administrative Law Judge. Except as otherwise provided by this part, all hearings shall be conducted in accordance with the provisions of 5 U.S.C. 554 et seq. (b) All parties to a claim shall be permitted to participate fully at a hearing held in connection with such claim. (c) A full evidentiary hearing need not be conducted if a party moves for summary judgment and the administrative law

  27. Section 725.451 - Request for hearing

    20 C.F.R. § 725.451   Cited 10 times

    After the completion of proceedings before the district director, or as is otherwise indicated in this part, any party may in writing request a hearing on any contested issue of fact or law (see § 725.419 ). A district director may on his or her own initiative refer a case for hearing. If a hearing is requested, or if a district director determines that a hearing is necessary to the resolution of any issue, the claim shall be referred to the Chief Administrative Law Judge for a hearing under § 725

  28. Section 718.101 - General

    20 C.F.R. § 718.101   Cited 6 times

    (a) The Office of Workers' Compensation Programs (hereinafter OWCP or the Office) must develop the medical evidence necessary to determine each claimant's entitlement to benefits. Each miner who files a claim for benefits under the Act must be provided an opportunity to substantiate his or her claim by means of a complete pulmonary evaluation including, but not limited to, a chest radiograph (X-ray), physical examination, pulmonary function tests, and a blood-gas study. (b) The standards for the

  29. Section 702.344 - Formal hearings; record of hearing

    20 C.F.R. § 702.344   Cited 3 times

    All formal hearings shall be open to the public and shall be stenographically reported. All evidence upon which the administrative law judge relies for his final decision shall be contained in the transcript of testimony either directly or by appropriate reference. All medical reports, exhibits, and any other pertinent document or record, in whole or in material part, shall be incorporated into the record either by reference or as an appendix. 20 C.F.R. §702.344

  30. Section 702.391 - Appeals; where

    20 C.F.R. § 702.391   Cited 3 times

    Appeals may be taken to the Benefits Review Board, U.S. Department of Labor, Washington, D.C. 20210, by filing a notice of appeals with the office of the district director for the compensation district in which the decision or order appealed from was filed and by submitting to the Board a petition for review of such decision or order, in accordance with the provisions of part 802 of this title 20. 20 C.F.R. §702.391