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Acuna et al v. Martin et al

MOTION to Dismiss for Lack of Jurisdiction

27 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,588 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,179 times   86 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,260 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  4. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,548 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  5. McNutt v. Gen. Motors Acceptance Corp.

    298 U.S. 178 (1936)   Cited 5,351 times
    Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim

  6. Michiana Easy Livin' Country v. Holten

    168 S.W.3d 777 (Tex. 2005)   Cited 808 times   1 Legal Analyses
    Holding that to establish specific jurisdiction, the cause of action must arise from the defendant's contacts with Texas

  7. Seiferth v. Helicopteros Atuneros

    472 F.3d 266 (5th Cir. 2006)   Cited 648 times   2 Legal Analyses
    Holding that jurisdictional discovery decisions "will not be disturbed" absent a "clear abuse"

  8. Freudensprung v. Offshore Tech. Svces

    379 F.3d 327 (5th Cir. 2004)   Cited 566 times
    Holding that a district court order that stayed arbitration without "lengthy factual and legal conclusions" and "administratively closed" the case did not satisfy Rule 58

  9. Monkton Ins. Servs., Ltd. v. Ritter

    768 F.3d 429 (5th Cir. 2014)   Cited 396 times   2 Legal Analyses
    Holding that communications and wire transfers were insufficient to confer jurisdiction where the communications and transfers were initiated by the resident plaintiff

  10. Moncrief Oil Int'l Inc. v. Oao Gazprom

    56 Tex. Sup. Ct. J. 1023 (Tex. 2013)   Cited 354 times
    Holding that the nonresident defendants’ contacts with Texas were purposeful when the defendants attended two Texas meetings with a Texas corporation and accepted trade secrets created in Texas for a business venture to take place in Texas

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

    Fed. R. Civ. P. 12   Cited 344,659 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 17.042 - Acts Constituting Business in This State

    Tex. Civ. Prac. & Rem. Code § 17.042   Cited 828 times   1 Legal Analyses
    Authorizing jurisdiction over those "doing business" in Texas