34 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,707 times 367 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' "
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,047 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"
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 3,021 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,927 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"
Allen v. Wright
468 U.S. 737 (1984) Cited 4,779 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"
Valley Forge College v. Americans United
454 U.S. 464 (1982) Cited 4,983 times 4 Legal Analyses
Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"
Whitmore v. Arkansas
495 U.S. 149 (1990) Cited 2,865 times 16 Legal Analyses
Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"
Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens
529 U.S. 765 (2000) Cited 1,601 times 31 Legal Analyses
Holding that States are not subject to private FCA actions
Sprint Communications Co. v. APCC Services, Inc.
554 U.S. 269 (2008) Cited 787 times 8 Legal Analyses
Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable
Federal Election Comm'n v. Akins
524 U.S. 11 (1998) Cited 786 times 16 Legal Analyses
Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement
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 348,231 times 929 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,459 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,089 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1540 - Penalties and enforcement
16 U.S.C. § 1540 Cited 995 times 12 Legal Analyses
Requiring such notice
Section 154 - Contents and term of patent; provisional rights
35 U.S.C. § 154 Cited 762 times 259 Legal Analyses
Granting twenty years for utility patents
Section 292 - False marking
35 U.S.C. § 292 Cited 565 times 61 Legal Analyses
Providing cause of action and share of recovery against a person falsely marking patented articles
Section 3 - Legislative, Diplomatic, and Law Enforcement Duties of the President
U.S. Const. art. II, § 3 Cited 432 times 4 Legal Analyses
Granting authority to the President to "take Care that the Laws be faithfully executed"
Section 156 - Extension of patent term
35 U.S.C. § 156 Cited 202 times 175 Legal Analyses
Granting five-year extension of patent term based upon regulatory review of the product Abilify® (aripiprazole) by the FDA
Section 360b - New animal drugs
21 U.S.C. § 360b Cited 80 times 6 Legal Analyses
Barring approval of a new drug for which “the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug are inadequate to preserve its identity, strength, quality, and purity”

Simonian v. Merial L.L.C. et al

34 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 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 supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

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

Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

Holding that States are not subject to private FCA actions

Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable

Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Requiring such notice

Granting twenty years for utility patents

Providing cause of action and share of recovery against a person falsely marking patented articles

Granting authority to the President to "take Care that the Laws be faithfully executed"

Granting five-year extension of patent term based upon regulatory review of the product Abilify® (aripiprazole) by the FDA

Barring approval of a new drug for which “the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug are inadequate to preserve its identity, strength, quality, and purity”