84 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 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' "
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 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"
  4. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,199 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
  5. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,820 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  6. Exxon Mobil Corp. v. Allapattah Services, Inc.

    545 U.S. 546 (2005)   Cited 4,191 times   10 Legal Analyses
    Holding that the supplemental jurisdiction statute permits the exercise of diversity jurisdiction over additional plaintiffs who fail to satisfy the minimum amount-in-controversy requirement, as long as the other elements of diversity jurisdiction are present and at least one named plaintiff does satisfy the amount-in-controversy requirement
  7. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,562 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
  8. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,710 times   4 Legal Analyses
    Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
  9. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,549 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
  10. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,704 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"
  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 348,148 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
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,914 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,628 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,510 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  15. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,409 times   91 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status
  16. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,786 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
  17. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,405 times   36 Legal Analyses
    Adopting the definition given in Section 551
  18. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,091 times   24 Legal Analyses
    Granting judicial review of "agency action"
  19. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,597 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"
  20. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,269 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  21. Section 316.10 - Good moral character

    8 C.F.R. § 316.10   Cited 359 times   4 Legal Analyses
    Directing that "good moral character" be evaluated "on a case-by-case basis"
  22. Section 335.2 - Examination of applicant

    8 C.F.R. § 335.2   Cited 214 times
    Employing the term "full criminal background check" but not referencing the FBI name check process
  23. Section 316.2 - Eligibility

    8 C.F.R. § 316.2   Cited 183 times
    Confirming that the applicant "must establish" each of these factors
  24. Section 335.3 - Determination on application; continuance of examination

    8 C.F.R. § 335.3   Cited 148 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]"
  25. Section 335.1 - Investigation of applicant

    8 C.F.R. § 335.1   Cited 109 times
    Describing the investigation process
  26. Section 336.2 - USCIS hearing

    8 C.F.R. § 336.2   Cited 79 times
    Providing that an applicant "may request a hearing on the denial of the applicant's application for naturalization by filing a request with USCIS within thirty days after the applicant receives the notice of denial"
  27. 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