31 Cited authorities

  1. Stewart Org., Inc. v. Ricoh Corp.

    487 U.S. 22 (1988)   Cited 4,851 times   12 Legal Analyses
    Holding that federal law determines the validity of a forum selection clause
  2. Van Dusen v. Barrack

    376 U.S. 612 (1964)   Cited 4,617 times   7 Legal Analyses
    Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"
  3. Jumara v. State Farm Ins. Co.

    55 F.3d 873 (3d Cir. 1995)   Cited 2,419 times   4 Legal Analyses
    Holding that a plaintiff's choice of venue "should not be lightly disturbed"
  4. Richards v. United States

    369 U.S. 1 (1962)   Cited 1,450 times   2 Legal Analyses
    Holding that in FTCA cases "the issue of the applicable law is controlled by a formal expression of the will of Congress"
  5. Licari v. Elliott

    57 N.Y.2d 230 (N.Y. 1982)   Cited 2,746 times
    Holding that plaintiff did not sustain a "significant Limitation of use of a body function or system" where plaintiff sustained a concussion, acute cervical sprain, acute dorsal lumbar sprain, and chest contusion; plaintiff offered no evidence as to the extent of limitation of movement and at most established that he had suffered a painful sprain which limited his back and neck motion somewhat
  6. Cont'l Cas. v. U.S.

    535 F.3d 132 (3d Cir. 2008)   Cited 761 times
    Holding that the Federal Tort Claims Act's "scope-of-employment requirement" was jurisdictional because the requirement "appears in the same sentence as Congress's grant of jurisdiction" and thus should be resolved under Rule 12(b)
  7. Petruska v. Gannon University

    462 F.3d 294 (3d Cir. 2006)   Cited 755 times   3 Legal Analyses
    Holding that a negligent misrepresentation claim was unaffected by the ministerial exception because its resolution "does not turn on the lawfulness of the decision to restructure, but rather upon the truth or falsity of the assurances that she would be evaluated on her merits" and that the breach of contract claim could also move forward because enforcement "in no way constitutes a state-imposed limit upon a church's free exercise rights," although it would be subject to an evaluation of whether resolution "required inquiry into the church's ecclesiastical policy"
  8. White-Squire v. U.S.

    592 F.3d 453 (3d Cir. 2010)   Cited 310 times
    Holding the sum-certain requirement in § 2675(b) is jurisdictional because the FTCA's jurisdiction-granting provision, 28 U.S.C. § 1346(b), states that district courts have jurisdiction "[s]ubject to the provisions of chapter 171," and § 2675 is contained in chapter 171
  9. Lightfoot v. U.S.

    564 F.3d 625 (3d Cir. 2009)   Cited 186 times
    Holding that mailing a FTCA claim does not satisfy the presentment requirement when the agency did not receive the claim
  10. Windt v. Qwest Commun

    529 F.3d 183 (3d Cir. 2008)   Cited 155 times
    Finding that the district court did not "improperly ignore" U.S.-based litigation in granting FNC dismissal because the other cases had been previously terminated or involved issues that were less significant
  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 68,513 times   121 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
  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,281 times   183 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  13. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 23,980 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"
  14. Rule 78 - Hearing Motions; Submission on Briefs

    Fed. R. Civ. P. 78   Cited 22,133 times
    Providing that court may decide motions on written statements of reasons in support and opposition to expedite business
  15. Section 2679 - Exclusiveness of remedy

    28 U.S.C. § 2679   Cited 5,320 times   5 Legal Analyses
    Granting tort immunity to federal agency employees
  16. Section 112 - New York

    28 U.S.C. § 112   Cited 1,226 times   1 Legal Analyses
    Tracing history of provision prior to 1948 revision
  17. Section 1402 - United States as defendant

    28 U.S.C. § 1402   Cited 864 times   2 Legal Analyses
    Providing that any action filed in district court against the United States "may be prosecuted only . . . in the judicial district where the plaintiff resides"