27 Cited authorities

  1. Salinas v. United States

    522 U.S. 52 (1997)   Cited 1,203 times   11 Legal Analyses
    Holding 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"
  2. Whitaker v. American Telecasting, Inc.

    261 F.3d 196 (2d Cir. 2001)   Cited 907 times   1 Legal Analyses
    Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."
  3. Bank Brussels v. Fiddler Gonzalez Rodriguez

    171 F.3d 779 (2d Cir. 1999)   Cited 773 times
    Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
  4. Kreutter v. McFadden Oil Corp.

    71 N.Y.2d 460 (N.Y. 1988)   Cited 942 times   4 Legal Analyses
    Holding that to establish jurisdiction under section 302, the plaintiff was not required to "establish a formal agency relationship between [the foreign] defendants and [the alleged agent]"; instead, the plaintiff needed only to "convince the court that [the alleged agent] engaged in purposeful activities in [New York] in relation to his transaction for the benefit of and with the knowledge and consent of the [foreign] defendants and that they exercised some control over [the alleged agent] in the matter"
  5. DiVittorio v. Equidyne Extractive Industries

    822 F.2d 1242 (2d Cir. 1987)   Cited 828 times   1 Legal Analyses
    Holding 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"
  6. Distefano v. Carozzi North America, Inc.

    286 F.3d 81 (2d Cir. 2001)   Cited 502 times   1 Legal Analyses
    Holding 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."
  7. A.I. Trade Finance Inc. v. Petra Bank

    989 F.2d 76 (2d Cir. 1993)   Cited 523 times
    Holding 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)
  8. PT United Can Co. v. Crown Cork & Seal Co.

    138 F.3d 65 (2d Cir. 1998)   Cited 384 times   1 Legal Analyses
    Holding that section 1965(b) confers nationwide service of process
  9. Schlaifer Nance Company v. Estate of Warhol

    119 F.3d 91 (2d Cir. 1997)   Cited 356 times
    Holding that predicate acts were unrelated despite an overlap of participants
  10. Woods v. Dunlop Tire Corp.

    972 F.2d 36 (2d Cir. 1992)   Cited 219 times
    Holding 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
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,280 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 68,376 times   121 Legal Analyses
    Holding 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
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,810 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  14. Section 1965 - Venue and process

    18 U.S.C. § 1965   Cited 738 times   1 Legal Analyses
    Providing for special RICO venue