57 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,067 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"
Gonzaga University v. Doe
536 U.S. 273 (2002) Cited 3,262 times 9 Legal Analyses
Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"
Alexander v. Sandoval
532 U.S. 275 (2001) Cited 2,654 times 35 Legal Analyses
Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
United States v. Fausto
484 U.S. 439 (1988) Cited 745 times 1 Legal Analyses
Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act
DeBartolo Corp. v. Fla. Gulf Coast Trades Council
485 U.S. 568 (1988) Cited 726 times 10 Legal Analyses
Holding that a union’s distribution of handbills at the entrances of a shopping mall was not threatening, coercing, or restraining within meaning of section 8(b) because there had been "no violence, picketing, or patrolling," and "no suggestion that the leaflets had any coercive effect on customers of the mall"
Morrison v. Olson
487 U.S. 654 (1988) Cited 579 times 22 Legal Analyses
Holding an independent counsel to be an inferior officer
Aetna Life Ins. Co. v. Haworth
300 U.S. 227 (1937) Cited 3,459 times 1 Legal Analyses
Holding that a request for a declaratory judgment regarding an insured's disability was justiciable
Skelly Oil Co. v. Phillips Co.
339 U.S. 667 (1950) Cited 1,875 times 1 Legal Analyses
Holding Congress enlarged the range of available federal court remedies, not jurisdiction, under the DJA because "[i]t is well-settled that the [DJA] cannot serve as an independent basis for federal subject matter jurisdiction"
E.E.O.C. v. St. Francis Xavier Parochial
117 F.3d 621 (D.C. Cir. 1997) Cited 1,277 times
Holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related
National Credit Union Admin. v. 1st Nat. Bank Trust
522 U.S. 479 (1998) Cited 326 times 2 Legal Analyses
Holding an interpretation was "impermissible under the first step of Chevron " in part because it created surplusage
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 348,503 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 98,005 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."
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,639 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,409 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,099 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 1361 - Action to compel an officer of the United States to perform his duty
28 U.S.C. § 1361 Cited 6,609 times 4 Legal Analyses
Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"
Section 7511 - Definitions; application
5 U.S.C. § 7511 Cited 473 times
Defining "employee"
Section 596 - Removal of an independent counsel; termination of office
28 U.S.C. § 596 Cited 35 times
Making an independent counsel removable "only by the personal action of the Attorney General and only for good cause" or disability

Walpin v. Corporation for National and Community Services et al

57 Cited authorities

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"

Holding that nothing "short of an unambiguously conferred right ... support a cause of action brought under § 1983"

Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

Holding that "the Claims Court (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency's personnel determination" under the Back Pay Act

Holding an independent counsel to be an inferior officer

Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

Holding Congress enlarged the range of available federal court remedies, not jurisdiction, under the DJA because "[i]t is well-settled that the [DJA] cannot serve as an independent basis for federal subject matter jurisdiction"

Holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related

Holding an interpretation was "impermissible under the first step of Chevron " in part because it created surplusage

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

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."

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

Adopting the definition given in Section 551

Granting judicial review of "agency action"

Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

Defining "employee"

Making an independent counsel removable "only by the personal action of the Attorney General and only for good cause" or disability