55 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,254 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Scott v. Harris
550 U.S. 372 (2007) Cited 11,715 times 11 Legal Analyses
Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,016 times 502 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
List v. Driehaus
573 U.S. 149 (2014) Cited 1,956 times 12 Legal Analyses
Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,687 times 35 Legal Analyses
Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,629 times 50 Legal Analyses
Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
Hunt v. Washington Apple Advertising Comm'n
432 U.S. 333 (1977) Cited 4,434 times 8 Legal Analyses
Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading
Food & Drug Administration v. Brown & Williamson Tobacco Corp.
529 U.S. 120 (2000) Cited 1,504 times 40 Legal Analyses
Holding that Congress had not yet empowered the FDA to regulate tobacco products
Kolender v. Lawson
461 U.S. 352 (1983) Cited 3,041 times 7 Legal Analyses
Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause
Hoffman Estates v. Flipside, Hoffman Estates
455 U.S. 489 (1982) Cited 3,178 times 4 Legal Analyses
Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,637 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,404 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,433 times 184 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 158 - Unfair labor practices
29 U.S.C. § 158 Cited 10,271 times 80 Legal Analyses
Granting employees a wage increase without bargaining with Local 355
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,363 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,049 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 151 - Findings and declaration of policy
29 U.S.C. § 151 Cited 5,062 times 33 Legal Analyses
Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"
Section 201 - Definitions
42 U.S.C. § 201 Cited 232 times 6 Legal Analyses
Defining "Secretary" as Secretary of HHS
Section 601 - Definitions
5 U.S.C. § 601 Cited 193 times 5 Legal Analyses
Defining a "small entity" to mean, as relevant here, a "small organization"
Section 603 - Initial regulatory flexibility analysis
5 U.S.C. § 603 Cited 111 times 1 Legal Analyses
Concerning initial regulatory flexibility analyses

National Federation of Independent Business et al v. Perez et al

55 Cited authorities

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that it is at least sometimes reasonable for an officer to intentionally collide with a suspect's vehicle during a pursuit

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge

Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

Holding that Congress had not yet empowered the FDA to regulate tobacco products

Holding state misdemeanor statute unconstitutionally vague within the meaning of the Due Process Clause

Holding that the possible inhibition of a constitutional right is "perhaps the most important factor"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Granting employees a wage increase without bargaining with Local 355

Adopting the definition given in Section 551

Granting judicial review of "agency action"

Finding that "protection by law of the right of employees to organize and bargain collectively safeguards commerce" and declaring a policy of "encouraging the practice and procedure of collective bargaining"

Defining "Secretary" as Secretary of HHS

Defining a "small entity" to mean, as relevant here, a "small organization"

Concerning initial regulatory flexibility analyses