G Cite Topics — legal rules, mapped by co-quotation · Go Syfert

G Cite Topics

Legal rules, mapped by behavior: when the same opinions keep quoting two canonical passages together, those passages state parts of one doctrine. Each topic below is a community of passages discovered from the citation corpus — no editors, no taxonomy, just what courts actually quote side by side. Doctrinal families group cases; topics group the rules.

#Anchor passage Anchor case PassagesCases Citers
1 “threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice.” Ashcroft v. Iqbal 9 7 3,256
2 “where the alj's findings of fact are supported by substantial evidence, we are bound by those findings, even if we would have dec…” Tommaso Fargnoli v. Larry G. Massanari, Commissioner, Social Security Administration 8 6 1,284
3 “plaintiff is generally prohibited from suing a municipal agency.” Emerson v. City of New York 6 5 1,266
4 “a claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference …” Ashcroft v. Iqbal 5 3 1,081
5 “in texas, an anders brief need not specifically advance 'arguable' points of error if counsel finds none, but it must provide rec…” In Re Schulman 5 3 999
6 “the informal brief is an important document; under fourth circuit rules, our review is limited to issues preserved in that brief.” Samuel Jackson v. Joseph Lightsey 4 3 886
7 “he united states constitution regulates only the government, not private parties.” Daniel J. Ciambriello v. County of Nassau, Civil Service Employees Association, Inc., Russell Rinchiuso, Richard Cotugno and Ron Roeill 5 3 804
8 “official-capacity suits . . . 'generally represent only another way of pleading an action against an entity of which an officer i…” Kentucky v. Graham 21 21 793
9 “he court has plenary review of all legal issues . . . .” Ficca v. Astrue 11 8 774
10 “it does not appear that congress intended to require district court review of a magistrate's factual or legal conclusions, under …” Thomas v. Arn 4 4 746
11 “as long as the provides the information necessary to identify the defendant, the marshals' failure to effect service automaticall…” Murray v. Pataki 4 3 724
12 “federal jurisdiction must be rejected if there is any doubt as to the right of removal in the first instance.” Frank D. Gaus v. Miles, Inc., an Indiana Corporation 14 12 710
13 “we agree with the majority view that sua sponte dismissal of a meritless complaint that cannot be salvaged by amendment comports …” Curley v. Perry 10 6 699
14 “the mdl judge must be given 'greater discretion' to create and enforce deadlines in order to administrate the litigation effectiv…” Patricia Freeman v. Wyeth 4 3 694
15 “uniquely in this circuit, the daubert factors have been employed also as an acceptable evidentiary-gauging tool with respect to p…” Davis v. Secretary of Health & Human Services 5 3 644
16 “generally, in the absence of consent a suit in which the state or one of its agencies or departments is named as the defendant is…” Jane Marie Egerdahl v. Hibbing Community College Minnesota Community College System State of Minnesota Myron Schmidt Anthony Kuznik and Jerry Krause 7 5 525
17 “asking for plausible grounds to infer an agreement does not impose a probability requirement at the pleading stage; it simply cal…” Bell Atlantic Corp. v. Twombly 9 8 510
18 “factual allegations must be enough to raise a right to relief above the speculative level.” Bell Atlantic Corp. v. Twombly 6 5 506
19 “ecause pro se means to appear for one's self, a person may not appear on another person's behalf in the other's cause” William G. Iannaccone v. Marie Law 6 4 502
20 “when the resolution of a question of law does not turn on an evaluation of the credibility and demeanor of a witness, then the tr…” State v. Moff 8 7 493
21 “pro se status does not excuse the obligation of any litigant to comply with the fundamental requirements of the federal rules of …” Yang v. Archuleta 5 4 491
22 “ecause release was very broadly phrased, it seems that if the parties intended to allow any future claims against each other, the…” Coakley & Williams Construction, Incorporated v. Structural Concrete Equipment, Incorporated 5 4 481
23 “it is well-established that an amended complaint supersedes an original complaint and renders the original complaint without lega…” In Re Wireless Telephone Federal Cost Recovery Fees Litigation 5 3 471
24 “e may take notice of proceedings in other courts, both within and without the federal judicial system, if those proceedings have …” United States Ex Rel. Robinson Rancheria Citizens Council v. Borneo, Inc. Clear Lake Indian Bingo Ltd. American Arbitration Association Herman Schner 8 6 449
25 “assertions of past danger will not satisfy the 'imminent danger' exception.” Leon Percival v. Denise Gerth 5 5 443
26 “for pleading purposes, once an amended complaint is filed, the original complaint drops out of the picture.” Charles Beal, Jr. v. James Beller 6 5 438
27 “an alj has a duty to fully develop the record before drawing any conclusions . . . and must adequately articulate his analysis so…” Murphy Ex Rel. Murphy v. Astrue 11 11 430
28 “it is a fundamental doctrine of appellate review that issues must ordinarily be both raised and decided by the district court bef…” Meier v. SENECAUT III 4 3 425
29 “like any norm based upon common sense and experience, this rule should not be treated as an absolute and must yield where the fac…” Campbell v. Secretary of Health & Human Services 5 2 413
30 “petitioner in this case appears to be asserting the violation of a right secured by the federal constitution or laws by state pri…” Eric Martin v. William Overton 8 7 411
31 “general objection to a magistrate judge's report, which fails to specify the issues of contention, does not suffice to preserve a…” Robert v. Tesson 9 9 394
32 “even if supported by substantial evidence, however, a decision of the commissioner will not be upheld where the ssa fails to foll…” David Bowen v. Commissioner of Social Security 5 5 391
33 “in this circuit, theories raised for the first time in objections to the magistrate judge's report are deemed waived.” United States v. Garfinkle 6 4 385
34 “when a litigant knowingly and repeatedly refuses to conform his pleadings to the requirements of the federal rules, it is reasona…” Eric Knapp v. Hogan 7 6 380
35 “although the alj's conclusion may not perfectly correspond with any of the opinions of medical sources cited in his decision, he …” Matta v. Astrue 14 11 379
36 “n appeal, arguments not raised by a party in its opening brief are deemed waived.” Katuria E. Smith v. Tyson Marsh 7 4 372
37 “west virginia law allows the circuit court discretion in deciding whether to grant a parent an improvement period.” In Re M.M., B.M., C.Z., and C.S 5 2 360
38 “the some evidence standard . . . is satisfied if there is any evidence in the record that could support the conclusion reached by…” Paul Eichwedel v. Brad Curry 6 6 348
39 “when applying strickland, we are free to dispose of ineffectiveness claims on either of its two grounds.” Sims v. Singletary 9 8 342
40 “etermining the correct sanction is a fact specific inquiry that the district court is in the best position to make.” Linda Sue Archibeque v. Atchison, Topeka and Santa Fe Railway Company 9 8 339
41 “as a general rule courts and agencies are not required to make findings on issues the decision of which is unnecessary to the res…” Immigration & Naturalization Service v. Bagamasbad 4 3 336
42 “ubject-matter delineations must be policed by the courts on their own initiative.” Ruhrgas Ag v. Marathon Oil Co. 4 3 334
43 “it is axiomatic that an issue cannot be raised for the first time on appeal, but must have been raised to and ruled upon by the t…” Wilder Corp. v. Wilke 9 7 318
44 “judicial review of an administrative decision is impossible without an adequate explanation of that decision by the .” Elizabeth Deloatche v. Margaret M. Heckler, Secretary of Health and Human Services of the United States 7 6 316
45 “t is not the province of a federal habeas court to reexamine state-court determinations on state-law questions.” Estelle v. McGuire 4 2 314
46 “the court conducting a sufficiency review must not engage in a 'divide and conquer' strategy but must consider the cumulative for…” Villa v. State 6 6 309
47 “when opposing parties tell two different stories, one of which is blatantly contradicted by the record, so that no reasonable jur…” Scott v. Harris 2 2 304
48 “in this circuit, it is established law that a district judge will not consider new arguments raised in objections to a magistrate…” Hubbard v. Kelley 5 5 304
49 “if evidence is susceptible to more than one rational interpretation, the commissioner's conclusion must be upheld.” McIntyre v. Colvin 6 6 303
50 “an alien's desire to be free from harassment by criminals motivated by theft or random violence by gang members bears no nexus to…” Zetino v. Holder 4 2 303
51 “he alj's analysis must provide some glimpse into the reasoning behind decision to deny benefits.” Joseph A. Zurawski v. William A. Halter, Acting Commissioner of Social Security, . 10 9 300
52 “we have repeatedly held that a state court's interpretation of state law, including one announced on direct appeal of the challen…” Bradshaw v. Richey 8 4 279
53 “ike any norm based upon common sense and experience, this rule should not be treated as an absolute and must yield where the fact…” Campbell v. Secretary of Health & Human Services 4 4 276
54 “medical malpractice does not become a constitutional violation merely because the victim is a prisoner.” Estelle v. Gamble 5 3 274
55 “a party may not argue one ground at trial and an alternate ground on appeal.” State v. Dunbar 9 4 272
56 “we have serious reservations about this decision, which strikes us as too sweeping. nonetheless, we may affirm on any basis that …” Michael Beckem v. Indiana Family and Social Ser 14 12 271
57 “the settled law of this circuit is that a court may review, under sentence four of section 405(g), a denial of review by the appe…” Ingram v. Commissioner of Social Security Administration 4 4 270
58 “when a requirement goes to subject-matter jurisdiction, courts are obligated to consider sua sponte issues that the parties have …” Gonzalez v. Thaler 9 7 268
59 “the authority of a federal trial court to dismiss a plaintiff's action with prejudice because of his failure to prosecute cannot …” Link v. Wabash Railroad 4 4 265
60 “if the intent of congress is clear, that is the end of the matter; for the court, as well as the agency, must give effect to the …” Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. 8 5 264
61 “it is within the inherent power of the court to sua sponte dismiss a case for lack of prosecution.” Hiram Ash v. Eugene Cvetkov 3 2 264
62 “vigorous cross-examination, presentation of contrary evidence, and careful instruction on the burden of proof are the traditional…” Daubert v. Merrell Dow Pharmaceuticals, Inc. 7 7 262
63 “absent a waiver, sovereign immunity shields the federal government and its agencies from suit.” Federal Deposit Insurance v. Meyer 7 7 262
64 “our review of the alj's decision is limited to whether the alj applied the correct legal standards and whether the findings of th…” Blakley v. Commissioner of Social Security 8 6 262
65 “since federal courts are courts of limited jurisdiction, we presume no jurisdiction exists absent an adequate showing by the part…” Dutcher v. Matheson 5 3 258
66 “to prevail on a rule 59(e) motion to amend judgment, a party must clearly establish (1) that the court committed a manifest error…” Blue v. Hartford Life & Accident Insurance 9 7 258
67 “on a motion to dismiss for failure to state a claim, we construe the complaint in the light most favorable to the plaintiff, acce…” Alexandra York v. Association of the Bar of the City of New York 7 7 257
68 “inding certain information not relevant does not lead to-and likely undermines-the conclusion that it was not considered” Paterek v. Secretary of Health & Human Services 4 2 256
69 “ntil the defendants respond to the complaint, the plaintiff's need for assistance of counsel ... cannot be gauged.” Jurijus Kadamovas v. Michael Stevens 5 5 253
70 “where parties receive clear notice of the consequences, failure timely to object to a magistrate's report and recommendation oper…” Marc Andrew Mario v. P & C Food Markets, Inc. 6 6 253
71 “individual liability under 1983 must be based on personal involvement in the alleged constitutional violation.” Foote v. Spiegel 5 3 248
72 “when the magistrate provides such notice and a party still fails to object to the findings of fact and those findings are adopted…” Resolution Trust Corporation v. Hallmark Builders, Inc. 5 5 245
73 “because a properly filed amended complaint supersedes the original one and becomes the operative complaint in the case, it render…” Amr Fawzy v. Wauquiez Boats SNC 3 2 242
74 “the court must give notice to ensure that the party is aware that it must 'come forward with all of evidence.” Adams Housing, LLC v. City of Salisbury, Maryland 11 10 240
75 “he state prisoner must give the state courts an opportunity to act on his claims before he presents those claims to a federal cou…” O'Sullivan v. Boerckel 6 6 237
76 “efendant's lack of participation in this litigation has given the court no assurance that defendant's infringing activity will ce…” Jackson v. Sturkie 9 7 234
77 “we note that it is the responsibility of the and not the courts to reconcile inconsistencies in the medical evidence” Irene Seacrist v. Caspar W. Weinberger, Secretary of Health, Education and Welfare 5 4 233
78 “n reviewing a final decision of the commissioner, a district court must determine whether the correct legal standards were applie…” William E. Butts v. Jo Anne B. Barnhart, Commissioner of Social Security 5 5 232
79 “the threshold requirement in every federal case is jurisdiction and we have admonished the district court to be attentive to a sa…” Terry Wayne Sanders v. Clemco Industries, Ingersoll-Rand, Inc. 8 5 230
80 “t is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lac…” University of South Alabama v. American Tobacco Co. 8 5 229
81 “as a court of limited jurisdiction, we begin, and end, with an examination of our jurisdiction.” General Motors Corp. v. Environmental Protection Agency 5 5 226
82 “he set of criteria known as the bradford hill criteria has been widely acknowledged as providing an appropriate framework for ass…” Wagoner v. Exxon Mobil Corp. 6 4 224
83 “decision . . . will not be upheld the ssa fails to follow its own regulations and that error prejudices a claimant on the merits …” David Bowen v. Commissioner of Social Security 7 7 224
84 “however, 42 u.s.c. 1983 protects plaintiffs from constitutional violations, not violations of state laws or, in this case, depar…” Perry L. Scott, Sr., Michelle M. Scott, Phillip H. Scott, Jr. v. Rodney L. Edinburg and Village of Glenwood, a Municipal Corporation 5 3 224
85 “the evidence of the non-movant is to be believed, and all justifiable inferences are to be drawn in his favor.” Anderson v. Liberty Lobby, Inc. 8 8 223
86 “he reviewing court must grant the special master wide latitude in determining the reasonableness of both attorneys' fees and cost…” Hines ex rel. Sevier v. Secretary of the Department of Health & Human Services 4 2 223
87 “solemn declarations in open court carry a strong presumption of verity.” Blackledge v. Allison 8 6 222
88 “section 1983 creates a cause of action based on personal liability and predicated upon fault; thus, liability does not attach unl…” Jackie Vance v. Howard Peters, Iii, Director, Jane E. Higgins, Warden, and James Roy, Correctional Officer 5 4 222
89 “because exhaustion is an affirmative defense, the defendants must establish that an administrative remedy was available and that …” Darreyll Thomas v. Michael Reese 6 5 221
90 “other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximu…” Apprendi v. New Jersey 5 3 217
91 “materials from a proceeding in another tribunal are appropriate for judicial notice.” Headwaters Inc., an Oregon Nonprofit Corporation Forest Conservation Council v. U.S. Forest Service 8 7 216
92 “it is clear, of course, that in the absence of consent a suit in which the state or one of its agencies or departments is named a…” Pennhurst State School and Hospital v. Halderman 8 7 216
93 “t the summary judgment stage the judge's function is not himself to weigh the evidence and determine the truth of the matter but …” Anderson v. Liberty Lobby, Inc. 11 11 215
94 “ssues adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation, are deemed waived.” United States v. Ilario M.A. Zannino 3 2 214
95 “oral grievance to regarding the anti-muslim harassment he endured at work constitutes protected activity under the first amendmen…” Charles Mack v. Warden Loretto FCI 3 3 212
96 “ike a partnership, an llc is a citizen of every state of which its owners/members are citizens.” Morris Johnson, Jr. v. Columbia Properties Anchorage, Lp, Morris Johnson, Jr. v. Columbia Properties Anchorage, Lp 7 5 210
97 “the 's determination as to the status of a claim requires the correct application of the law to the facts.” Burton v. Schweiker 8 6 208
98 “the revised social security regulations are clearly irreconcilable with our caselaw according special deference to the opinions o…” Leslie Woods v. Kilolo Kijakazi 4 2 207
99 “for intentional, as for negligent deprivations of property by state employees, the state's action is not complete until and unles…” Hudson v. Palmer 4 2 204
100 “there is no question that exhaustion is mandatory under the plra and that unexhausted claims cannot be brought in court.” Jones v. Bock 10 10 200

Top 100 topics by total quoting opinions.

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