Salinas v. United States
522 U.S. 52 (1997) Cited 1,225 times 12 Legal AnalysesHolding that the canon of construction requiring a clear statement to alter the federal-state balance of criminal jurisdiction "does not warrant a departure from terms" where the statute's "text . . . is unambiguous on the point under consideration"
Whitaker v. American Telecasting, Inc.
261 F.3d 196 (2d Cir. 2001) Cited 933 times 1 Legal AnalysesHolding that a "summons with notice may serve as an initial pleading under section 1446(b)."
Bank Brussels v. Fiddler Gonzalez Rodriguez
171 F.3d 779 (2d Cir. 1999) Cited 787 timesHolding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
DiVittorio v. Equidyne Extractive Industries
822 F.2d 1242 (2d Cir. 1987) Cited 832 times 1 Legal AnalysesHolding that where "plaintiff's counsel declared his intention to stand on the allegations of his complaint," plaintiff "irrevocably waived the option offered by the district court further to amend his complaint"
Distefano v. Carozzi North America, Inc.
286 F.3d 81 (2d Cir. 2001) Cited 510 times 1 Legal AnalysesHolding that in deciding pre-discovery whether personal jurisdiction exists, the trial court must "construe the pleadings . . . in the light most favorable to [Plaintiff], resolving all doubts in [its] favor."
A.I. Trade Finance Inc. v. Petra Bank
989 F.2d 76 (2d Cir. 1993) Cited 527 timesHolding that contract to provide a financial guaranty payable in New York is a contract to perform services in the state within the meaning of CPLR 302 (citing Armada Supply, 858 F.2d at 849)
PT United Can Co. v. Crown Cork & Seal Co.
138 F.3d 65 (2d Cir. 1998) Cited 387 times 1 Legal AnalysesHolding that section 1965(b) confers nationwide service of process
Schlaifer Nance Company v. Estate of Warhol
119 F.3d 91 (2d Cir. 1997) Cited 362 timesHolding that predicate acts were unrelated despite an overlap of participants
Woods v. Dunlop Tire Corp.
972 F.2d 36 (2d Cir. 1992) Cited 222 timesHolding that Title VII suit for discharge based on race and gender arose from same transaction as prior complaint seeking relief under Labor Management Relations Act for discharge in alleged violation of collective bargaining agreement
Maersk, Inc. v. Neewra, Inc.
554 F. Supp. 2d 424 (S.D.N.Y. 2008) Cited 66 timesHolding that a valid forum-selection clause "amounts to [non-resident's] consent to jurisdiction"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Section 1965 - Venue and process
18 U.S.C. § 1965 Cited 750 times 1 Legal AnalysesProviding for special RICO venue