53 Cited authorities

  1. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,197 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  2. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 26,312 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
  3. Carlson, v. Green

    446 U.S. 14 (1980)   Cited 3,315 times   2 Legal Analyses
    Holding that FTCA and Bivens remedies were "parallel, complementary causes of action" and that the availability of the former did not preempt the latter
  4. D.H. v. Gottdiener

    462 F.3d 95 (2d Cir. 2006)   Cited 2,651 times   1 Legal Analyses
    Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"
  5. Mohamad v. Palestinian Auth.

    566 U.S. 449 (2012)   Cited 509 times   7 Legal Analyses
    Holding term used in Torture Victim Protection Act was unambiguous despite disagreement among several circuits
  6. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,638 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"
  7. Iragorri v. United Techs. Corp.

    274 F.3d 65 (2d Cir. 2001)   Cited 945 times   2 Legal Analyses
    Holding that foreign plaintiff's forum choice given "greater deference ... to the extent that it was motivated by legitimate reasons, including the plaintiff's convenience"
  8. INS v. Phinpathya

    464 U.S. 183 (1984)   Cited 247 times
    Holding that thirty-two-year-old statute must still be given its plain meaning
  9. Elkins v. Moreno

    435 U.S. 647 (1978)   Cited 168 times   1 Legal Analyses
    Holding that whether resident aliens can become domiciliaries of Maryland is a matter of state law the federal courts should leave to state courts as a matter of comity
  10. Neil Bros. Ltd. v. World Wide Lines, Inc.

    425 F. Supp. 2d 325 (E.D.N.Y. 2006)   Cited 179 times   2 Legal Analyses
    Holding that the convenience of witnesses favored transfer from New York to Tennessee, where transfer would relieve certain witnesses from any travel, and other witnesses would have to travel whether litigation occurred in New York or Tennessee
  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 355,101 times   943 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 99,432 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 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,904 times   190 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,578 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  15. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,596 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. Section 1158 - Asylum

    8 U.S.C. § 1158   Cited 10,591 times   5 Legal Analyses
    Holding a "pattern or practice" of persecution requires it be "systemic, pervasive, or organized"
  17. Section 2671 - Definitions

    28 U.S.C. § 2671   Cited 9,549 times   6 Legal Analyses
    Defining "[e]mployee of the government" for purposes of the FTCA as "officers or employees of any federal agency "
  18. Section 2674 - Liability of United States

    28 U.S.C. § 2674   Cited 4,522 times   2 Legal Analyses
    Specifying scope of United States' liability
  19. Section 1-104 - Definitions

    N.Y. Elec. Law § 1-104   Cited 149 times

    The terms used in this chapter shall have the significance herein defined unless another meaning is clearly apparent in language or context. 1. The term "political unit" means the state or any political subdivision thereof or therein. 2. The term "unit of representation" means any political unit from which members of any committee or delegates to a party convention shall be elected as provided in this chapter. 3. The term "party" means any political organization which , excluding blank and void ballots

  20. Section 605 - General provisions and definitions

    N.Y. Tax Law § 605   Cited 45 times   16 Legal Analyses
    Classifying testamentary trusts as resident, and therefore taxable, only where testator was domiciled in New York at time of death
  21. Section 208.7 - Employment authorization

    8 C.F.R. § 208.7   Cited 66 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"
  22. Section 152.2 - [Effective 11/1/2024] Definitions

    45 C.F.R. § 152.2   Cited 7 times   1 Legal Analyses
    Specifying that DACA recipients are not considered lawfully present for purposes of coverage under the Affordable Care Act