54 Cited authorities

Franchise Tax Bd. v. Laborers Vacation Trust
463 U.S. 1 (1983) Cited 10,421 times 5 Legal Analyses
Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"
Wilton v. Seven Falls Co.
515 U.S. 277 (1995) Cited 4,288 times 7 Legal Analyses
Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,523 times 90 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,111 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
CTS Corp. v. Waldburger
573 U.S. 1 (2014) Cited 424 times 17 Legal Analyses
Holding that “a statute of limitations creates a time limit for suing in a civil case, based on the date when the claim accrued”
Niagara Mohawk Power Corp. v. Hudson River-Black River Regulating Dist.
673 F.3d 84 (2d Cir. 2012) Cited 313 times
Holding Wilton was inapplicable where case raised claim governed solely by federal law
Duane Reade, Inc. v. St. Paul Fire
411 F.3d 384 (2d Cir. 2005) Cited 290 times 1 Legal Analyses
Holding that an insurance dispute arising out of damage caused by the September 11 terrorist attacks was ripe and noting that "[b]ecause the issue presented . . . concerned the scope of coverage, the standard for ripeness . . . was plainly satisfied"
Factors Etc., Inc. v. Pro Arts, Inc.
579 F.2d 215 (2d Cir. 1978) Cited 524 times
Holding that the district court properly allowed later-filed suit to proceed because first-filed declaratory judgment suit was triggered by notice letter and was therefore "in apparent anticipation of [the later-filed suit]"
Great American Ins. Co. v. Gross
468 F.3d 199 (4th Cir. 2006) Cited 180 times 1 Legal Analyses
Finding that the insurer was not a party to the state case and that the federal insurance issue was distinct from the state liability issue
P. Stolz Family Partnership L.P. v. Daum
355 F.3d 92 (2d Cir. 2004) Cited 192 times
Holding that "the misrepresentation of present or historical facts cannot be cured by cautionary language"
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 344,565 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
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,061 times 133 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,489 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 57 - Declaratory Judgment
Fed. R. Civ. P. 57 Cited 1,549 times 4 Legal Analyses
Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39
Section 77v - Jurisdiction of offenses and suits
15 U.S.C. § 77v Cited 1,051 times 28 Legal Analyses
Granting "concurrent" jurisdiction
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 954 times 29 Legal Analyses
Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"
Section 410.30 - Action should be heard in forum outside state
Cal. Code Civ. Proc. § 410.30 Cited 237 times 1 Legal Analyses
Ensuring the granting of a motion under section 410.30 is based on "conditions" that are "just"

American International Group, Inc. v. Pacific Investment Management Company LLC et al

54 Cited authorities

Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding that “a statute of limitations creates a time limit for suing in a civil case, based on the date when the claim accrued”

Holding Wilton was inapplicable where case raised claim governed solely by federal law

Holding that an insurance dispute arising out of damage caused by the September 11 terrorist attacks was ripe and noting that "[b]ecause the issue presented . . . concerned the scope of coverage, the standard for ripeness . . . was plainly satisfied"

Holding that the district court properly allowed later-filed suit to proceed because first-filed declaratory judgment suit was triggered by notice letter and was therefore "in apparent anticipation of [the later-filed suit]"

Finding that the insurer was not a party to the state case and that the federal insurance issue was distinct from the state liability issue

Holding that "the misrepresentation of present or historical facts cannot be cured by cautionary language"

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

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Granting district courts the authority to create a remedy with the force of a final judgment

Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39

Granting "concurrent" jurisdiction

Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

Ensuring the granting of a motion under section 410.30 is based on "conditions" that are "just"