187 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,761 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"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 215,930 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"
Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,720 times 56 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,420 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Bivens v. Six Unknown Fed. Narcotics Agents
403 U.S. 388 (1971) Cited 25,768 times 27 Legal Analyses
Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment
Moses H. Cone Hosp. v. Mercury Constr. Corp.
460 U.S. 1 (1983) Cited 11,869 times 47 Legal Analyses
Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,432 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"
Younger v. Harris
401 U.S. 37 (1971) Cited 16,633 times 14 Legal Analyses
Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"
Wilton v. Seven Falls Co.
515 U.S. 277 (1995) Cited 4,288 times 7 Legal Analyses
Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
Colorado River Water Cons. Dist. v. U.S.
424 U.S. 800 (1976) Cited 8,165 times 13 Legal Analyses
Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court
Section 1983 - Civil action for deprivation of rights
42 U.S.C. § 1983 Cited 485,185 times 688 Legal Analyses
Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
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 344,565 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,071 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 110,937 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1291 - Final decisions of district courts
28 U.S.C. § 1291 Cited 88,565 times 138 Legal Analyses
Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"
Section 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 49,867 times 149 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,830 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1447 - Procedure after removal generally
28 U.S.C. § 1447 Cited 33,001 times 109 Legal Analyses
Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,489 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,323 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Volkswagen of America, Inc. v. Bronsberg & Hughes Pontiac, Inc.

187 Cited authorities

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"

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"

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

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"

Holding that it was improper for the district court in that case to enjoin a state prosecution against Younger, in light of "the national policy forbidding federal courts to stay or enjoin pending state court proceedings except under special circumstances"

Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

Granting district courts the authority to create a remedy with the force of a final judgment

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice