§Why CasetextPricing

Bnsf Railway Company v. Firstenergy Generation, Llc

Brief/Memorandum in Support

33 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 6,060 times   239 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,587 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 12,239 times   49 Legal Analyses
    Holding that the FAA is "a congressional declaration of a liberal federal policy favoring arbitration"

  4. In re Volkswagen of Am.

    545 F.3d 304 (5th Cir. 2008)   Cited 1,649 times   16 Legal Analyses
    Holding this prong to be satisfied when "the harm . . . will already have been done by the time the case is tried and appealed, and the prejudice suffered cannot be put back in the bottle"

  5. In re Volkswagen AG

    371 F.3d 201 (5th Cir. 2004)   Cited 1,410 times   4 Legal Analyses
    Holding that it is reversible error for the district court to consider the convenience of counsel

  6. Johnston v. Multidata

    523 F.3d 602 (5th Cir. 2008)   Cited 634 times   1 Legal Analyses
    Holding defendant did not "ha[ve] a general business presence in [Texas] based on the residence of two employees . . . [who] work[ed] from home and report[ed] to supervisors located in Toronto, Canada" because "[w]hile their presence [was] certainly a regular contact with Texas, it [was] not substantial enough to create a general business presence in Texas"

  7. Wilson v. Belin

    20 F.3d 644 (5th Cir. 1994)   Cited 968 times
    Holding that communication into the forum state was not purposefully directed into the state

  8. Freudensprung v. Offshore Tech. Svces

    379 F.3d 327 (5th Cir. 2004)   Cited 595 times
    Holding that a district court order that stayed arbitration without "lengthy factual and legal conclusions" and "administratively closed" the case did not satisfy Rule 58

  9. Monkton Ins. Servs., Ltd. v. Ritter

    768 F.3d 429 (5th Cir. 2014)   Cited 418 times   2 Legal Analyses
    Holding that communications and wire transfers were insufficient to confer jurisdiction where the communications and transfers were initiated by the resident plaintiff

  10. McFadin v. Gerber

    587 F.3d 753 (5th Cir. 2009)   Cited 477 times
    Holding that "the actions of an agent may establish minimum contacts over a principal" but requiring the plaintiff to show an agency relationship

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 73,564 times   129 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 29,300 times   192 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 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,194 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred