36 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,989 times 238 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,913 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
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 11,135 times 15 Legal Analyses
Holding this court may raise the issue of "statutory jurisdiction" sua sponte
Ruhrgas AG v. Marathon Oil Co.
526 U.S. 574 (1999) Cited 4,401 times 12 Legal Analyses
Holding that, because "[t]hey keep the federal courts within the bounds the Constitution and Congress have prescribed," questions concerning subject matter jurisdiction "must be policed by the courts on their own initiative even at the highest level"
Amoco Production Co. v. Gambell
480 U.S. 531 (1987) Cited 2,133 times 1 Legal Analyses
Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute
Weinberger v. Romero-Barcelo
456 U.S. 305 (1982) Cited 1,805 times 4 Legal Analyses
Holding that Federal Water Pollution Control Act did not mandate injunctions against its violation
Eitel v. McCool
782 F.2d 1470 (9th Cir. 1986) Cited 4,986 times 2 Legal Analyses
Holding that "an unqualified oral stipulation of dismissal made in open court satisfies Rule 41, even where no formal stipulation was signed by the parties"
Volkswagenwerk Aktiengesellschaft v. Schlunk
486 U.S. 694 (1988) Cited 883 times 10 Legal Analyses
Holding that a state law permitting a foreign corporation to be served domestically through its U.S. subsidiary did not implicate the Hague Service Convention
Tuli v. Republic of Iraq
172 F.3d 707 (9th Cir. 1999) Cited 957 times
Holding that a court "has an affirmative duty" to assure itself that it has personal jurisdiction over a defendant before entering a default judgment, even though personal jurisdiction need not be addressed sua sponte in contested cases
Falk v. Allen
739 F.2d 461 (9th Cir. 1984) Cited 660 times
Holding that a tenant was entitled to relief from a default judgment because the landlord would not be prejudiced, the tenant had a meritorious defense, and the tenant's conduct was not culpable
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 335,322 times 160 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,380 times 128 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 55 - Default; Default Judgment
Fed. R. Civ. P. 55 Cited 34,625 times 13 Legal Analyses
Adopting similar language for acquiring default judgment against the United States
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 27,511 times 280 Legal Analyses
Adopting the Daubert standard
Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
42 U.S.C. § 4332 Cited 3,656 times 28 Legal Analyses
Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

Sancho v. U.S. Department of Energy et al

36 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding this court may raise the issue of "statutory jurisdiction" sua sponte

Holding that, because "[t]hey keep the federal courts within the bounds the Constitution and Congress have prescribed," questions concerning subject matter jurisdiction "must be policed by the courts on their own initiative even at the highest level"

Holding that Federal Water Pollution Control Act did not mandate injunctions against its violation

Holding that "an unqualified oral stipulation of dismissal made in open court satisfies Rule 41, even where no formal stipulation was signed by the parties"

Holding that a state law permitting a foreign corporation to be served domestically through its U.S. subsidiary did not implicate the Hague Service Convention

Holding that a court "has an affirmative duty" to assure itself that it has personal jurisdiction over a defendant before entering a default judgment, even though personal jurisdiction need not be addressed sua sponte in contested cases

Holding that a tenant was entitled to relief from a default judgment because the landlord would not be prejudiced, the tenant had a meritorious defense, and the tenant's conduct was not culpable

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Adopting similar language for acquiring default judgment against the United States

Adopting the Daubert standard

Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment