62 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 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 268,865 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. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,916 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
  4. Mathews v. Eldridge

    424 U.S. 319 (1976)   Cited 15,809 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"
  5. Board of Regents v. Roth

    408 U.S. 564 (1972)   Cited 14,718 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."
  6. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,667 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
  7. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,486 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law
  8. Castle Rock v. Gonzales

    545 U.S. 748 (2005)   Cited 1,378 times   1 Legal Analyses
    Holding that a benefit is not a protected interest if government officials have discretion to grant or deny it
  9. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,291 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"
  10. United States v. Nordic Village, Inc.

    503 U.S. 30 (1992)   Cited 1,790 times   3 Legal Analyses
    Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
  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 348,416 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 405 - Evidence, procedure, and certification for payments

    42 U.S.C. § 405   Cited 157,108 times   34 Legal Analyses
    Ruling out jurisdiction under 28 U.S.C. §§ 1331, 1346
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,986 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."
  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,534 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,638 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  16. Section 406 - Representation of claimants before Commissioner

    42 U.S.C. § 406   Cited 12,603 times   3 Legal Analyses
    Holding that "[a]n attorney who successfully represents a Social Security benefits claimant in court may be awarded as part of the judgment `a reasonable fee . . . not in excess of 25 percent of the past-due benefits' awarded to the claimant."
  17. Section 1361 - Action to compel an officer of the United States to perform his duty

    28 U.S.C. § 1361   Cited 6,609 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"
  18. Section 501 - Exemption from tax on corporations, certain trusts, etc

    26 U.S.C. § 501   Cited 3,233 times   293 Legal Analyses
    Granting tax-exempt status to qualified pension plans
  19. Section 404.1725 - Request for approval of a fee

    20 C.F.R. § 404.1725   Cited 141 times
    Outlining the factors
  20. Section 404.1700 - Introduction

    20 C.F.R. § 404.1700   Cited 79 times

    You may appoint someone to represent you in any of your dealings with us. This subpart explains, among other things- (a) Who may be your representative and what his or her qualifications must be; (b) How you appoint a representative; (c) The payment of fees to a representative; (d) Our rules that representatives must follow; and (e) What happens to a representative who breaks the rules. 20 C.F.R. §404.1700

  21. Section 404.1720 - Fee for a representative's services

    20 C.F.R. § 404.1720   Cited 66 times
    Stating that a "representative must file a written request with [the SSA] before he or she may charge or receive a fee for his or her services"
  22. Section 404.1703 - Definitions

    20 C.F.R. § 404.1703   Cited 52 times
    Noting that the "past-due benefits" that a claimant may recover under § 406(b) "means the total amount of benefits payable under title II of the Act"
  23. Section 416.1500 - Introduction

    20 C.F.R. § 416.1500   Cited 16 times

    You may appoint someone to represent you in any of your dealings with us. This subpart explains, among other things- (a) Who may be your representative and what his or her qualifications must be; (b) How you appoint a representative; (c) The payment of fees to a representative; (d) Our rules that representatives must follow; and (e) What happens to a representative who breaks the rules. 20 C.F.R. §416.1500