36 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,065 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"
  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,508 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  4. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,657 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]'"
  5. United States v. Diebold, Inc.

    369 U.S. 654 (1962)   Cited 11,311 times
    Holding that a court must construe all inferences and ambiguities against the movant and in favor of the non-moving party in determining whether a genuine issue of material act has been raised
  6. Commissioner, INS v. Jean

    496 U.S. 154 (1990)   Cited 2,567 times   2 Legal Analyses
    Holding that this inquiry applies to attorney's fees under the EAJA
  7. Bowen v. Mich. Academy of Family Physicians

    476 U.S. 667 (1986)   Cited 704 times   3 Legal Analyses
    Holding that the provision limiting review of amounts of benefit payments under the Medicare program did not bar review of the method by which such amounts were computed
  8. Conoshenti v. Public Service Elec. Gas

    364 F.3d 135 (3d Cir. 2004)   Cited 1,460 times   4 Legal Analyses
    Holding that a request for medical leave is a protected activity under the ADA
  9. Boyle v. County of Allegheny Pennsylvania

    139 F.3d 386 (3d Cir. 1998)   Cited 1,380 times
    In Boyle, we held that testimony by two out of three members of a hiring authority stating that a position did not require political affiliation created a genuine issue of material fact as to whether the position was a policymaking one.
  10. Petruzzi's IGA Supermarkets, Inc. v. Darling-Delaware Co.

    998 F.2d 1224 (3d Cir. 1993)   Cited 862 times
    Holding that Matsushita concerns were not present when plaintiff's theory was plausible and when the alleged conduct was not "the very essence of competition"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. 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."
  13. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 29,008 times   22 Legal Analyses
    Limiting the eligibility of individuals and entities to claim attorney's fees under EAJA to those who "net worth" is under specified amounts
  14. 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
  15. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,524 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  16. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,421 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
  17. Section 1651 - Writs

    28 U.S.C. § 1651   Cited 11,083 times   60 Legal Analyses
    Granting us the power to "issue all writs necessary or appropriate in aid of [our] . . . jurisdiction[] and agreeable to the usages and principles of law"
  18. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,477 times   4 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
  19. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,407 times   36 Legal Analyses
    Adopting the definition given in Section 551
  20. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,098 times   24 Legal Analyses
    Granting judicial review of "agency action"
  21. Section 208.14 - Approval, denial, referral, or dismissal of application

    8 C.F.R. § 208.14   Cited 92 times
    Denying asylum to applicants firmly resettled
  22. Section 208.7 - Employment authorization

    8 C.F.R. § 208.7   Cited 62 times
    Providing that "the [employment authorization] application shall be submitted no earlier than 150 days after the date on which a complete asylum application submitted in accordance with §§ 208.3 and 208.4 has been received"
  23. Section 274a.13 - [Effective 9/20/2027] Application for employment authorization

    8 C.F.R. § 274a.13   Cited 39 times   1 Legal Analyses
    Eliminating the prior version's 90-day adjudication deadline and automatic issuance of an interim EAD
  24. Section 1208.9 - Reserved

    8 C.F.R. § 1208.9   Cited 3 times

    8 C.F.R. §1208.9 85 FR 81751, 1/15/2021

  25. Section 1208.7 - Reserved

    8 C.F.R. § 1208.7   Cited 3 times

    8 C.F.R. §1208.7 85 FR 81751, 1/15/2021; 85 FR 82794, 1/19/2021