70 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,328 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"
  2. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,417 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  3. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,432 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
  4. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,402 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  5. Harris v. United States

    536 U.S. 545 (2002)   Cited 1,565 times   11 Legal Analyses
    Holding that "discharging [i]s sentencing factor[] to be found by the judge, not [an] offense element[]"
  6. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,437 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
  7. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,160 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable
  8. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,315 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation
  9. Geier v. Am. Honda Motor Co.

    529 U.S. 861 (2000)   Cited 787 times   16 Legal Analyses
    Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”
  10. Hillsborough County v. Automated Medical Labs

    471 U.S. 707 (1985)   Cited 1,192 times   3 Legal Analyses
    Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,775 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 7401 - Congressional findings and declaration of purpose

    42 U.S.C. § 7401   Cited 1,377 times   15 Legal Analyses
    Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”
  13. Section 7475 - Preconstruction requirements

    42 U.S.C. § 7475   Cited 230 times   9 Legal Analyses
    Requiring permits for "the construction and operation" of certain facilities
  14. Section 7545 - Regulation of fuels

    42 U.S.C. § 7545   Cited 156 times   27 Legal Analyses
    Authorizing creation of credit trading program
  15. Section 38500 - Short title

    Cal. Health & Saf. Code § 38500   Cited 53 times   2 Legal Analyses

    This division shall be known, and may be cited, as the California Global Warming Solutions Act of 2006. Ca. Health and Saf. Code § 38500 Added by Stats 2006 ch 488 (AB 32),s 1, eff. 1/1/2007.

  16. Section 211 - Promotion of commissioned officers

    42 U.S.C. § 211   Cited 6 times
    Indexing retirement pay to "the number of years of . . . active commissioned service in the Service"