47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,388 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 216,459 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 113,199 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 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"
  7. Fowler v. UPMC Shadyside

    578 F.3d 203 (3d Cir. 2009)   Cited 14,107 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 1,591 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 1,253 times   3 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 1,303 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 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 328,986 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 97,534 times   135 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 60,470 times   181 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 24,056 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 10,714 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 4,071 times   36 Legal Analyses
    Adopting this definition
  18. Section 5845 - Definitions

    26 U.S.C. § 5845   Cited 1,700 times   6 Legal Analyses
    Defining "firearm," as used in § 5861(d), to include "a destructive device"
  19. Section 7701 - Definitions

    26 U.S.C. § 7701   Cited 1,063 times   85 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 964 times   3 Legal Analyses
    Requiring firearm manufacturers and possessor to receive "authorization"
  21. Section 478.11 - Meaning of terms

    27 C.F.R. § 478.11   Cited 77 times   1 Legal Analyses
    Defining unlawful as "any alien ... [w]ho is a nonimmigrant and whose authorized period of stay has expired or who has violated the terms of the nonimmigrant category in which he or she was admitted."
  22. 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

  23. 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