119 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 times 365 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' "
Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,773 times 56 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,821 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,016 times 502 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,535 times 2 Legal Analyses
Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,861 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Sutton v. United Air Lines, Inc.
527 U.S. 471 (1999) Cited 2,895 times 12 Legal Analyses
Holding that " person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently 'substantially limits' a major life activity."
Allen v. Wright
468 U.S. 737 (1984) Cited 4,755 times 9 Legal Analyses
Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
Munaf v. Geren
553 U.S. 674 (2008) Cited 1,644 times 5 Legal Analyses
Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court
Robinson v. Shell Oil Co.
519 U.S. 337 (1997) Cited 2,471 times 16 Legal Analyses
Holding that the term “employees” carries a different meaning in different sections of Title VII
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 345,715 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 17 - Plaintiff and Defendant; Capacity; Public Officers
Fed. R. Civ. P. 17 Cited 9,146 times 23 Legal Analyses
Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"
Section 553 - Rule making
5 U.S.C. § 553 Cited 4,089 times 145 Legal Analyses
Exempting "interpretative rules," among other things, from the notice-and-comment requirement
Section 289 - Institutional review boards; ethics guidance program
42 U.S.C. § 289 Cited 18 times 2 Legal Analyses
(a) The Secretary shall by regulation require that each entity which applies for a grant, contract, or cooperative agreement under this chapter for any project or program which involves the conduct of biomedical or behavioral research involving human subjects submit in or with its application for such grant, contract, or cooperative agreement assurances satisfactory to the Secretary that it has established (in accordance with regulations which the Secretary shall prescribe) a board (to be known as
Section 742.17 - Disposition of eggs, sperm, or preembryos; rights of inheritance
Fla. Stat. § 742.17 Cited 16 times
Pertaining to "Disposition of eggs, sperm, or preembryos; rights of inheritance"
Section 243 - General grant of authority for cooperation
42 U.S.C. § 243 Cited 15 times
Directing the Secretary of Health and Human Services to "assist States ... in the prevention and suppression of communicable diseases" and to "cooperate with and aid State and Local authorities."
Section 289g - Fetal research
42 U.S.C. § 289g Cited 7 times 1 Legal Analyses
(a) Conduct or support by Secretary; restrictions The Secretary may not conduct or support any research or experimentation, in the United States or in any other country, on a nonviable living human fetus ex utero or a living human fetus ex utero for whom viability has not been ascertained unless the research or experimentation- (1) may enhance the well-being or meet the health needs of the fetus or enhance the probability of its survival to viability; or (2) will pose no added risk of suffering,
Section 282 - Director of National Institutes of Health
42 U.S.C. § 282 Cited 4 times 18 Legal Analyses
Instructing NIH to post "[p]ublic notices" for clinical trials that "fail[ed] to submit" or "submit[ed] false or misleading" results
Section 125315 - Information to make choice regarding disposition of human embryos following fertility treatment; options
Cal. Health & Saf. Code § 125315 Cited 3 times
(a) A physician and surgeon or other health care provider delivering fertility treatment shall provide his or her patient with timely, relevant, and appropriate information to allow the individual to make an informed and voluntary choice regarding the disposition of any human embryos remaining following the fertility treatment. The failure to provide to a patient this information constitutes unprofessional conduct within the meaning of Chapter 5 (commencing with Section 2000) of Division 2 of the
Section 284 - Directors of national research institutes
42 U.S.C. § 284 Cited 2 times
(a) Appointment (1) In general The Director of the National Cancer Institute shall be appointed by the President, and the Directors of the other national research institutes and national centers shall be appointed by the Secretary, acting through the Director of National Institutes of Health. Each Director of a national research institute or national center shall report directly to the Director of National Institutes of Health. (2) Appointment (A) Term A Director of a national research institute
Section 46.102 - Definitions for purposes of this policy
45 C.F.R. § 46.102 Cited 17 times 11 Legal Analyses
(a) Certification means the official notification by the institution to the supporting Federal department or agency component, in accordance with the requirements of this policy, that a research project or activity involving human subjects has been reviewed and approved by an IRB in accordance with an approved assurance. (b) Clinical trial means a research study in which one or more human subjects are prospectively assigned to one or more interventions (which may include placebo or other control)
Section 46.204 - Research involving pregnant women or fetuses
45 C.F.R. § 46.204 Cited 8 times 1 Legal Analyses
Requiring that "[i]ndividuals engaged" in research involving "[p]regnant women or fetuses" "have no part in any decisions as to the timing, method, or procedures used to terminate a pregnancy"
Section 52.2 - Definitions
42 C.F.R. § 52.2 Cited 3 times
As used in this part: Act means the Public Health Service Act, as amended (42 U.S.C. 201 et seq.). Grantee means the institution, organization, individual or other person designated in the grant award document as the responsible legal entity to whom a grant is awarded under this part. The term shall also mean the recipient of a cooperative agreement awarded under this part. HHS means the Department of Health and Human Services. Principal investigator means the individual(s) judged by the applicant
Section 52h.2 - Definitions
42 C.F.R. § 52h.2
As used in this part: (a)Act means the Public Health Service Act, as amended (42 U.S.C. 201 et seq.). (b)Appearance of a conflict of interest means that a reviewer or close relative or professional associate of the reviewer has a financial or other interest in an application or proposal that is known to the reviewer or the government official managing the review and would cause a reasonable person to question the reviewer's impartiality if he or she were to participate in the review; the government

Sherley et al v. Sebelius et al

119 Cited authorities

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' "

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that " person whose physical or mental impairment is corrected by medication or other measures does not have an impairment that presently 'substantially limits' a major life activity."

Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court

Holding that the term “employees” carries a different meaning in different sections of Title VII

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

Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

Exempting "interpretative rules," among other things, from the notice-and-comment requirement

Pertaining to "Disposition of eggs, sperm, or preembryos; rights of inheritance"

Directing the Secretary of Health and Human Services to "assist States ... in the prevention and suppression of communicable diseases" and to "cooperate with and aid State and Local authorities."

Instructing NIH to post "[p]ublic notices" for clinical trials that "fail[ed] to submit" or "submit[ed] false or misleading" results

Requiring that "[i]ndividuals engaged" in research involving "[p]regnant women or fetuses" "have no part in any decisions as to the timing, method, or procedures used to terminate a pregnancy"