17 Cited authorities

D.H. v. Gottdiener
462 F.3d 95 (2d Cir. 2006) Cited 2,701 times 1 Legal Analyses
Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"
Gulf Oil Corp. v. Gilbert
330 U.S. 501 (1947) Cited 5,649 times 5 Legal Analyses
Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"
Scherk v. Alberto-Culver Co.
417 U.S. 506 (1974) Cited 1,609 times 6 Legal Analyses
Holding Securities Exchange Act claim arbitrable
Virgin Atlantic Airways v. Nat. Mediation Bd.
956 F.2d 1245 (2d Cir. 1992) Cited 2,134 times
Holding that "[e]ven if Rule 54(b) allows parties to request district courts to revisit earlier rulings, the moving party must do so within the strictures of the law of the case doctrine"
Phillips v. Audio Active
494 F.3d 378 (2d Cir. 2007) Cited 583 times 2 Legal Analyses
Holding that contract language stating proceedings "are to be brought in England" is a mandatory forum selection clause
Official Committee v. Coopers Lybrand
322 F.3d 147 (2d Cir. 2003) Cited 626 times
Holding that allegations in the complaint are judicial admissions that bind a party "throughout the course of the proceeding"
Painewebber Inc. v. Bybyk
81 F.3d 1193 (2d Cir. 1996) Cited 475 times 1 Legal Analyses
Holding that a provision requiring arbitration of "any and all controversies" indicates the parties' intent to submit to arbitration the very question of arbitrability
Aguas Lenders Recovery Group LLC v. Suez, S.A.
585 F.3d 696 (2d Cir. 2009) Cited 193 times 1 Legal Analyses
Holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens "amounts to a mandatory forum selection clause at least where the plaintiff cho[se] the designated forum"
Lony v. E.I. Du Pont de Nemours & Co.
935 F.2d 604 (3d Cir. 1991) Cited 144 times
Holding "that whenever discovery in a case has proceeded substantially ..., the presumption against dismissal on the grounds of forum non conveniens greatly increases"
Hoffman v. Supplements Togo Management, LLC
419 N.J. Super. 596 (App. Div. 2011) Cited 59 times 3 Legal Analyses
Holding that a party may be bound if it has "reasonable notice" of the contract terms (quoting Caspi v. Microsoft Network, L.L.C., 323 N.J.Super. 118, 732 A.2d 528, 532 (Ct. App. Div. 1999) )
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,854 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,333 times 6 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"

Bank Leumi USA v. Ehrlich et al

17 Cited authorities

Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"

Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

Holding Securities Exchange Act claim arbitrable

Holding that "[e]ven if Rule 54(b) allows parties to request district courts to revisit earlier rulings, the moving party must do so within the strictures of the law of the case doctrine"

Holding that contract language stating proceedings "are to be brought in England" is a mandatory forum selection clause

Holding that allegations in the complaint are judicial admissions that bind a party "throughout the course of the proceeding"

Holding that a provision requiring arbitration of "any and all controversies" indicates the parties' intent to submit to arbitration the very question of arbitrability

Holding that a permissive forum selection clause containing a waiver of any claims of forum non conveniens "amounts to a mandatory forum selection clause at least where the plaintiff cho[se] the designated forum"

Holding "that whenever discovery in a case has proceeded substantially ..., the presumption against dismissal on the grounds of forum non conveniens greatly increases"

Holding that a party may be bound if it has "reasonable notice" of the contract terms (quoting Caspi v. Microsoft Network, L.L.C., 323 N.J.Super. 118, 732 A.2d 528, 532 (Ct. App. Div. 1999) )

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

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"