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Capitol Records LLC et al v. Videoegg Inc. et al

MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss or, Alternatively, to Transfer Venue. Document

37 Cited authorities

  1. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,740 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

  2. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,422 times
    Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

  3. Bank Brussels v. Fiddler Gonzalez Rodriguez

    171 F.3d 779 (2d Cir. 1999)   Cited 792 times
    Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2

  4. Cutco Industries v. Naughton

    806 F.2d 361 (2d Cir. 1986)   Cited 888 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. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 517 times   4 Legal Analyses
    Holding "the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture" weighed against dismissing the action on forum non conveniens grounds

  6. Bensusan Restaurant Corporation v. King

    126 F.3d 25 (2d Cir. 1997)   Cited 518 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. PDK Labs, Inc. v. Friedlander

    103 F.3d 1105 (2d Cir. 1997)   Cited 486 times   1 Legal Analyses
    Holding "that Friedlander lacks standing to sue PDK under § 43 of the Lanham Act" because "Friedlander's dogged insistence that PDK's products are sold without proper FDA approval suggests . . . that Friedlander's true goal is to privately enforce alleged violations of the FDCA."

  8. A.I. Trade Finance Inc. v. Petra Bank

    989 F.2d 76 (2d Cir. 1993)   Cited 531 times
    Holding that contract to provide a financial guaranty payable in New York is a contract to perform services in the state within the meaning of CPLR 302 (citing Armada Supply, 858 F.2d at 849)

  9. Citigroup Inc. v. City Holding Co.

    97 F. Supp. 2d 549 (S.D.N.Y. 2000)   Cited 389 times
    Holding that a website operator transacted business in New York under the long-arm statute when its website would permit a user to apply for a loan

  10. Hoffritz for Cutlery, Inc. v. Amajac, Ltd.

    763 F.2d 55 (2d Cir. 1985)   Cited 566 times   1 Legal Analyses
    Holding that fifty-four visits over ten years was insufficient for personal jurisdiction under section 301

  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 357,946 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,063 times   191 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 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

  14. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,721 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  15. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,521 times   177 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  16. 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"

  17. Section 1400 - Patents and copyrights, mask works, and designs

    28 U.S.C. § 1400   Cited 2,192 times   321 Legal Analyses
    Identifying proper venue for copyright and patent suits

  18. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,590 times
    Codifying caselaw that incorporates "doing business" standard