Salinas v. United States
522 U.S. 52 (1997) Cited 1,219 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 923 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 781 timesHolding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
Kreutter v. McFadden Oil Corp.
71 N.Y.2d 460 (N.Y. 1988) Cited 952 times 4 Legal AnalysesHolding 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"
DiVittorio v. Equidyne Extractive Industries
822 F.2d 1242 (2d Cir. 1987) Cited 828 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 507 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 525 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 385 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 359 timesHolding that predicate acts were unrelated despite an overlap of participants
Woods v. Dunlop Tire Corp.
972 F.2d 36 (2d Cir. 1992) Cited 221 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,307 times 323 Legal AnalysesRequiring that fraud be pleaded with particularity
Section 1965 - Venue and process
18 U.S.C. § 1965 Cited 748 times 1 Legal AnalysesProviding for special RICO venue