48 Cited authorities

Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,922 times 67 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 28,057 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"
Astrue v. Ratliff
560 U.S. 586 (2010) Cited 8,267 times 1 Legal Analyses
Holding that an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), is payable to the litigant, not to the attorney, and thus is available to offset a debt to the government
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,221 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 10,829 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,205 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,041 times 505 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 9,576 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
Franchise Tax Bd. v. Laborers Vacation Trust
463 U.S. 1 (1983) Cited 10,481 times 5 Legal Analyses
Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"
Vaden v. Discover Bank
556 U.S. 49 (2009) Cited 2,350 times 48 Legal Analyses
Holding that federal courts may "look through" a § 4 petition to determine whether "the parties' underlying substantive controversy" gives rise to subject-matter jurisdiction
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,986 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."
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,638 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,586 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 416 - Additional definitions
42 U.S.C. § 416 Cited 10,364 times 3 Legal Analyses
Referring simply to "the child ... of an individual"
Section 2601 - Findings and purposes
29 U.S.C. § 2601 Cited 7,665 times 39 Legal Analyses
Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods
Section 2612 - Leave requirement
29 U.S.C. § 2612 Cited 4,959 times 39 Legal Analyses
Granting qualifying employees twelve weeks of FMLA leave in a 12-month period
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,767 times 69 Legal Analyses
Adopting the definition set out in the APA
Section 7 - Marriage
1 U.S.C. § 7 Cited 152 times 9 Legal Analyses
Containing no money-mandating provisions
Section 1738C - Certain acts, records, and proceedings and the effect thereof
28 U.S.C. § 1738C Cited 85 times 7 Legal Analyses
Giving states the power to refuse to recognize same-sex marriages entered into in other states
Section 825.102 - Definitions
29 C.F.R. § 825.102 Cited 48 times 38 Legal Analyses
Defining qualifying medical leave

State of Texas v. United States of America et al

48 Cited authorities

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 an award of fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), is payable to the litigant, not to the attorney, and thus is available to offset a debt to the government

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

Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

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 a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

Holding that federal courts may "look through" a § 4 petition to determine whether "the parties' underlying substantive controversy" gives rise to subject-matter jurisdiction

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."

Granting district courts the authority to create a remedy with the force of a final judgment

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Referring simply to "the child ... of an individual"

Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

Adopting the definition set out in the APA

Containing no money-mandating provisions

Giving states the power to refuse to recognize same-sex marriages entered into in other states

Defining qualifying medical leave