41 Cited authorities

  1. Franks v. Delaware

    438 U.S. 154 (1978)   Cited 11,227 times   33 Legal Analyses
    Holding that "the defendant is entitled, under the Fourth and Fourteenth Amendments, to his hearing" if he makes the required preliminary showing
  2. Mylan Laboratories, Inc. v. Matkari

    7 F.3d 1130 (4th Cir. 1993)   Cited 4,021 times   2 Legal Analyses
    Holding that the plaintiff's "claims that the defendants falsely represented that their drugs had been ‘properly approved by the FDA’ must fail"
  3. Morton v. Ruiz

    415 U.S. 199 (1974)   Cited 906 times   1 Legal Analyses
    Holding that “[t]he power of an administrative agency to administer a congressionally created and funded program necessarily requires the formulation of policy and the making of rules to fill any gap left, implicitly or explicitly, by Congress” but noting that “[n]o matter how rational or consistent with congressional intent a particular decision might be, [such decision] cannot be made on an ad hoc basis ...”
  4. Thunder Basin Coal Co. v. Reich

    510 U.S. 200 (1994)   Cited 405 times   44 Legal Analyses
    Holding that petitioner's constitutional claims could first be brought before the agency
  5. Service v. Dulles

    354 U.S. 363 (1957)   Cited 579 times
    Holding that "[w]hile the Secretary was not obligated to impose upon himself these more rigorous substantive and procedural standards . . . having done so he could not, so long as the Regulations remained unchanged, proceed without regard to them"
  6. Endicott Johnson Corp. v. Perkins

    317 U.S. 501 (1943)   Cited 312 times
    Holding it is the duty of the District Court to order production of evidence unless it is "plainly incompetent or irrelevant to any lawful purpose of the Secretary in the discharge of his duties under the Act."
  7. Sandoz Pharmaceuticals v. Richardson-Vicks

    902 F.2d 222 (3d Cir. 1990)   Cited 239 times   5 Legal Analyses
    Holding that the Food, Drug, and Cosmetic Act precluded claims under the Lanham Act related to labeling an ingredient "inactive" when the Food and Drug Administration had not yet determined whether the ingredient was active or inactive
  8. Gilbert v. City of Cambridge

    932 F.2d 51 (1st Cir. 1991)   Cited 200 times
    Holding plaintiffs had not satisfied burden of proving Massachusetts inverse condemnation proceeding could not apply to the type of taking they alleged
  9. Utah Power Light Co. v. United States

    243 U.S. 389 (1917)   Cited 457 times
    Holding that private rights in public lands of the United States within a state cannot be acquired under the state's power of eminent domain, unless Congress confers that right
  10. Danielsen v. Burnside-Ott Av. Training Ctr.

    941 F.2d 1220 (D.C. Cir. 1991)   Cited 126 times
    Holding that the statutory scheme of the SCA "leaves no room" for a civil action under the Racketeer Influenced and Corrupt Organizations Act ("RICO") and a claim "couched under" RICO is preempted
  11. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,945 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"
  12. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,854 times   557 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
  13. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,512 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods
  14. Section 660 - Judicial review

    29 U.S.C. § 660   Cited 882 times   29 Legal Analyses
    Permitting review of orders of the Occupational Safety and Health Review Commission by filing a petition in a court of appeals
  15. Section 333 - Penalties

    21 U.S.C. § 333   Cited 436 times   39 Legal Analyses
    Defining civil and criminal penalties for violations of Section 331
  16. Section 801 - Congressional findings and declaration of purpose

    30 U.S.C. § 801   Cited 428 times   3 Legal Analyses
    Identifying “an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation's coal or other mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines”
  17. Section 816 - Judicial review of Commission orders

    30 U.S.C. § 816   Cited 193 times
    Stating that party "aggrieved by an order of the Commission issued under this chapter may obtain a review of such order" in a court of appeals
  18. Section 815 - Procedure for enforcement

    30 U.S.C. § 815   Cited 175 times   8 Legal Analyses
    Incorporating this standard
  19. Section 52 - Dissemination of false advertisements

    15 U.S.C. § 52   Cited 167 times   6 Legal Analyses
    Proscribing the "[d]issemination of false advertisements"
  20. Section 54 - False advertisements; penalties

    15 U.S.C. § 54   Cited 22 times   1 Legal Analyses

    (a) Imposition of penalties Any person, partnership, or corporation who violates any provision of section 52(a) of this title shall, if the use of the commodity advertised may be injurious to health because of results from such use under the conditions prescribed in the advertisement thereof, or under such conditions as are customary or usual, or if such violation is with intent to defraud or mislead, be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than $5