§Why CasetextPricing

Air Crash Over The Southern Indian Ocean, on March 8, 2014

MOTION to Dismiss for Lack of Jurisdiction Rule 12

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,033 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,659 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  3. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,238 times   86 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  4. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,326 times   49 Legal Analyses
    Holding that “the mere fact that [defendant's] conduct affected plaintiffs with connections to the forum State does not suffice to authorize jurisdiction.”

  5. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,876 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.

  6. J. McIntyre Machinery, Ltd. v. Nicastro

    564 U.S. 873 (2011)   Cited 1,346 times   36 Legal Analyses
    Holding that a metal-shearing machine manufacturer based in England that engaged an independent distributor to sell its machines across the U.S. was not subject to personal jurisdiction in New Jersey where the plaintiff was injured while using one of the company's machines

  7. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,642 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) )

  8. Silha v. Act, Inc.

    807 F.3d 169 (7th Cir. 2015)   Cited 429 times   3 Legal Analyses
    Holding that “the TwomblyIqbal facial plausibility requirement for pleading a claim” under Rule 12(b) “is incorporated into the standard for pleading subject matter jurisdiction” under Rule 12(b)

  9. Sonera Holding B.V. v. Çukurova Holding A.S.

    750 F.3d 221 (2d Cir. 2014)   Cited 247 times   4 Legal Analyses
    Holding that a corporation's contacts with New York did not “come close to making it ‘at home' there” even though the corporation solicited business from two New York-based funds, among other contacts that the corporation had with New York

  10. First Chi. Intern. v. United Exch. Co.

    836 F.2d 1375 (D.C. Cir. 1988)   Cited 377 times
    Holding that appellant's failure to file an affidavit specifically outlining the facts that it hoped to uncover with additional discovery did not preclude it from challenging the summary judgment order because other filings were sufficient to notify the district court of the need for further discovery

  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 347,250 times   923 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 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,763 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,956 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,169 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  15. Section 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,059 times   105 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

  16. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,218 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"

  17. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,647 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  18. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,441 times   16 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

  19. Section 410.10 - Generally

    Cal. Code Civ. Proc. § 410.10   Cited 1,333 times   1 Legal Analyses
    Allowing for jurisdiction over non-residents coextensive with due process requirements

  20. Section 13-423 - Personal jurisdiction based upon conduct

    D.C. Code § 13-423   Cited 656 times
    Authorizing jurisdiction over a person, who acts directly or by an agent