46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 239,217 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 218,869 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  5. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 114,430 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  6. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,570 times   141 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"
  7. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,340 times   4 Legal Analyses
    Holding that the district court did not abuse its discretion "in denying a motion for a class action determination which was untimely under the local rule"
  8. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,631 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny
  9. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,300 times   5 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"
  10. Chicago v. Morales

    527 U.S. 41 (1999)   Cited 1,323 times   3 Legal Analyses
    Holding that vagueness that "fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests" is subject to facial challenge
  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 354,229 times   943 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 333,232 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 99,236 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."
  14. Section 922 - Unlawful acts

    18 U.S.C. § 922   Cited 61,960 times   187 Legal Analyses
    Finding that "even before the sale of a firearm, the gun, its component parts, ammunition, and the raw materials from which they are made have considerably moved in interstate commerce"
  15. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,350 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  16. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,999 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
  17. Section 921 - Definitions

    18 U.S.C. § 921   Cited 4,151 times   36 Legal Analyses
    Adopting this definition
  18. Section 5845 - Definitions

    26 U.S.C. § 5845   Cited 1,755 times   10 Legal Analyses
    Defining "firearm," as used in § 5861(d), to include "a destructive device"
  19. Section 7701 - Definitions

    26 U.S.C. § 7701   Cited 1,072 times   92 Legal Analyses
    Defining a "taxpayer" as "any person subject to any internal revenue tax," where a related provision defines "person" to include corporations
  20. Section 5841 - Registration of firearms

    26 U.S.C. § 5841   Cited 986 times   3 Legal Analyses
    Requiring firearm manufacturers and possessor to receive "authorization"
  21. Section 479.65 - Denial of application

    27 C.F.R. § 479.65   Cited 5 times

    An application to make a firearm shall not be approved by the Director if the making or possession of the firearm would place the person making the firearm in violation of law. 27 C.F.R. § 479.65

  22. Section 479.1 - General

    27 C.F.R. § 479.1   Cited 4 times

    This part contains the procedural and substantive requirements relative to the importation, manufacture, making, exportation, identification and registration of, and the dealing in, machine guns, destructive devices and certain other firearms under the provisions of the National Firearms Act (26 U.S.C. Chapter 53). 27 C.F.R. § 479.1 36 FR 14256, 8/3/1971. Redesignated at 40 FR 16835, 4/15/1975, and amended by T.D. ATF-48, 44 FR 55842, 9/28/1979