47 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Burger King Corp. v. Rudzewicz
471 U.S. 462 (1985) Cited 17,003 times 46 Legal Analyses
Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 22,784 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) )
Cleveland v. Policy Management Systems Corp.
526 U.S. 795 (1999) Cited 853 times 1 Legal Analyses
Holding that in order to discredit an affidavit at summary judgment, it must, for example, "flatly contradict that party's earlier sworn deposition"
Iqbal v. Hasty
490 F.3d 143 (2d Cir. 2007) Cited 1,828 times 1 Legal Analyses
Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
Roth v. Jennings
489 F.3d 499 (2d Cir. 2007) Cited 1,409 times
Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
Metropolitan Life Ins. v. Robertson-Ceco Corp.
84 F.3d 560 (2d Cir. 1996) Cited 1,398 times
Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"
Bank Brussels v. Fiddler Gonzalez Rodriguez
171 F.3d 779 (2d Cir. 1999) Cited 781 times
Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
Jazini ex rel. Jazini v. Nissan Motor Co.
148 F.3d 181 (2d Cir. 1998) Cited 704 times 2 Legal Analyses
Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction
Kirch v. Liberty Media Corp.
449 F.3d 388 (2d Cir. 2006) Cited 503 times
Holding that plaintiffs failed to allege actual breach where plaintiff nowhere asserted that third party actually breached a contract, and refusing to infer from plaintiff's claims that third party “abandoned” and “walked away” from a deal that third party “violated the terms of a contract with [plaintiff] when it did so”
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,980 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 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
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,080 times 1063 Legal Analyses
Holding that testing is a "use"
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. CPLR 302 Cited 4,250 times 5 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,570 times
Codifying caselaw that incorporates "doing business" standard

Aerotel, Ltd. et al v. AT&amp;T, Inc. et al

47 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

Holding that in order to discredit an affidavit at summary judgment, it must, for example, "flatly contradict that party's earlier sworn deposition"

Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2

Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

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

Holding that testing is a "use"

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Codifying caselaw that incorporates "doing business" standard

Aerotel, Ltd. et al v. AT&T, Inc. et al