Granfinanciera, S. A. v. Nordberg

Holding defendant to a preference action has a right to a jury trial pursuant to the Seventh Amendment of the United States Constitution, but that right can be waived by filing a claim in the bankruptcy proceedings

Volkswagenwerk Aktiengesellschaft v. Schlunk

Holding that a state law permitting a foreign corporation to be served domestically through its U.S. subsidiary did not implicate the Hague Service Convention

Schmertz v. Nassau County Board of Supervisors

Holding that section 11708 of the Act provides the only basis for private enforcement of the Act

Direct Mail Spec. v. Eclat Computerized Tech

Holding court "does not have jurisdiction over a defendant unless the defendant has been served properly" pursuant to Rule 4 of the Federal Rules of Civil Procedure

Scientific-Atlanta, Inc. v. Henderson

Concluding in that case that no government action threatened to punish any protected speech and, thus, holding that there was no chilling effect to be safeguarded against

Burda Media, Inc. v. Viertel

Holding on a motion to vacate a default judgment when the defaulting defendant had actual notice of the original proceeding but delayed in bringing the motion, defendant bears the burden of proof

O'Brien v. R.J. O'Brien Associates, Inc.

Holding that defendant waived insufficiency of process objection by failing to raise it in motion to vacate default

Chan v. Society Expeditions, Inc.

Holding that the plaintiff was in the zone of danger because she was in the same raft that had overturned and thrusted a person onto rocks and killed two others

West v. Multibanco Comermex

Meadows v. Dominican Republic

Holding that the defendants had not met their final burden of persuasion that the commercial activity exception did not apply

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Section 1332 - Diversity of citizenship; amount in controversy; costs

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Section 1291 - Final decisions of district courts

Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

Rule 4 - Summons

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

Section 1441 - Removal of civil actions

Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

Rule 55 - Default; Default Judgment

Adopting similar language for acquiring default judgment against the United States

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Section 1602 - Findings and declaration of purpose

Setting forth Congressional findings and the purposes of FSIA

Section 1603 - Definitions

Recognizing that a state "includes [its] political subdivision"

Section 1608 - Service; time to answer; default

Authorizing service "through diplomatic channels"