49 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,784 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,874 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"
  3. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 31,516 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"
  4. Kentucky v. Graham

    473 U.S. 159 (1985)   Cited 19,240 times   1 Legal Analyses
    Holding that "an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity," and that "a plaintiff seeking to recover on a damages judgment in an official-capacity suit must look to the government entity itself"
  5. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,302 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  6. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,523 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  7. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,880 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"
  8. Brandon v. Holt

    469 U.S. 464 (1985)   Cited 2,332 times
    Holding that an official sued in his official capacity may not take advantage of a qualified immunity defense
  9. Dept. of Air Force v. Rose

    425 U.S. 352 (1976)   Cited 1,667 times   1 Legal Analyses
    Holding that although "redaction cannot eliminate all risks of identifiability," it was a "familiar technique" and sufficient to protect the identities of Air Force Academy cadets described in summaries of disciplinary proceedings
  10. Department of Justice v. Tax Analysts

    492 U.S. 136 (1989)   Cited 820 times   1 Legal Analyses
    Holding that documents are only “agency records” within the meaning of FOIA if the agency both “create or obtain” the documents and “control” them
  11. 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 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,985 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,479 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  14. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   134 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."
  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,553 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  16. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,179 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party
  17. Section 1803 - Designation of judges

    50 U.S.C. § 1803   Cited 68 times   1 Legal Analyses

    (a) Court to hear applications and grant orders; record of denial; transmittal to court of review (1) The Chief Justice of the United States shall publicly designate 11 district court judges from at least seven of the United States judicial circuits of whom no fewer than 3 shall reside within 20 miles of the District of Columbia who shall constitute a court which shall have jurisdiction to hear applications for and grant orders approving electronic surveillance anywhere within the United States under