22 Cited authorities

  1. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,388 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  2. Whitaker v. American Telecasting, Inc.

    261 F.3d 196 (2d Cir. 2001)   Cited 933 times   1 Legal Analyses
    Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."
  3. Kreutter v. McFadden Oil Corp.

    71 N.Y.2d 460 (N.Y. 1988)   Cited 954 times   4 Legal Analyses
    Holding that to establish jurisdiction under section 302, the plaintiff was not required to "establish a formal agency relationship between [the foreign] defendants and [the alleged agent]"; instead, the plaintiff needed only to "convince the court that [the alleged agent] engaged in purposeful activities in [New York] in relation to his transaction for the benefit of and with the knowledge and consent of the [foreign] defendants and that they exercised some control over [the alleged agent] in the matter"
  4. Cutco Industries v. Naughton

    806 F.2d 361 (2d Cir. 1986)   Cited 882 times
    Holding that conduct of a partner in a partnership can be the basis for jurisdiction because New York law states that every partner is an agent of the partnership
  5. In re Magnetic Audiotape Antitrust Litig.

    334 F.3d 204 (2d Cir. 2003)   Cited 461 times
    Holding a defendant's level of participation in a conspiracy targeting residents in a forum may satisfy the Calder effects test
  6. Bensusan Restaurant Corporation v. King

    126 F.3d 25 (2d Cir. 1997)   Cited 516 times
    Holding that, even if the plaintiff suffered injury in New York, "that does not establish a tortious act in the state of New York within the meaning of § 302"
  7. Bank Brussels Lambert v. Fiddler Gonzalez

    305 F.3d 120 (2d Cir. 2002)   Cited 433 times   1 Legal Analyses
    Holding that the district court adopted "too narrow of a view" of the relevant contacts with respect to specific jurisdiction, reasoning that, although the contacts "may not have directly given rise to the plaintiff's cause of action, they certainly 'relate to' it"
  8. Thomas v. Ashcroft

    470 F.3d 491 (2d Cir. 2006)   Cited 367 times
    Holding that prison officials have a duty to provide an inmate with medication that treats the inmate's illness
  9. Agency Rent a Car System v. Grand Rent a Car

    98 F.3d 25 (2d Cir. 1996)   Cited 379 times
    Holding that a "breach of contract claim 'arises out of both [the breach] and the . . . agreement itself
  10. McGowan v. Smith

    52 N.Y.2d 268 (N.Y. 1981)   Cited 607 times   2 Legal Analyses
    Holding that defendant exporter's visits to New York to conduct general marketing research did not "bear a substantial relationship" to products liability action arising from purchase of defendant's product in New York because "[w]hile these visits certainly may be characterized as `purposeful' . . . the occurrence of these visits serves merely to establish [the defendant exporter's] transitory physical presence within the State."
  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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 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
  13. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,566 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities