14 Cited authorities

  1. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,864 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
  2. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,780 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  3. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,465 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
  4. Miles v. Apex Marine Corp.

    498 U.S. 19 (1990)   Cited 760 times   21 Legal Analyses
    Holding that when Congress incorporated the Federal Employers’ Liability Act ("FELA") into the Jones Act without alteration, it also incorporated the prior judicial interpretation of FELA in the Act, as that interpretation was "well established," and "Congress is aware of existing law when it passes legislation"
  5. Equal Employment Opportunity Commission v. Arabian American Oil Co.

    499 U.S. 244 (1991)   Cited 622 times   10 Legal Analyses
    Holding that the presumption against extraterritorial application of federal statutes prevented an employee fired from work being done in Saudi Arabia from sustaining an anti-discrimination action brought under Title VII
  6. Anchorbank v. Hofer

    649 F.3d 610 (7th Cir. 2011)   Cited 856 times
    Finding that the detailed allegations presented in the complaint stated with particularity the circumstances constituting a scheme to defraud
  7. Goodyear Atomic Corp. v. Miller

    486 U.S. 174 (1988)   Cited 251 times   1 Legal Analyses
    Concluding that "a federally owned facility performing a federal function is shielded from direct state regulation, even though the federal function is carried out by a private contractor, unless Congress clearly authorizes such regulation"
  8. Absolute Activist Value Master Fund Ltd. v. Ficeto

    677 F.3d 60 (2d Cir. 2012)   Cited 217 times   22 Legal Analyses
    Holding that the complaint must sufficiently allege domestic purchases to state a claim under § 10(b)
  9. Fiero v. Financial Industry Regulatory

    660 F.3d 569 (2d Cir. 2011)   Cited 54 times   2 Legal Analyses
    Finding significant that the Financial Industry Regulatory Authority's (“FINRA”) “reliance upon [alternative] enforcement methods was known to Congress, [but] Congress left that reliance unaltered” in subsequent legislation, in holding that FINRA was “not authorized to enforce the collection of its fines through the courts”
  10. In re Optimal U.S. Litig.

    865 F. Supp. 2d 451 (S.D.N.Y. 2012)   Cited 8 times
    Upholding earlier holding in light of Absolute Activist
  11. Section 78aa - Jurisdiction of offenses and suits

    15 U.S.C. § 78aa   Cited 2,329 times   19 Legal Analyses
    Granting "[t]he district courts of the United States . . . exclusive jurisdiction [over] violations of [the Exchange Act of 1934] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Exchange Act of 1934] or the rules and regulations thereunder."
  12. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,264 times   85 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act