24 Cited authorities

  1. AT&T Techs., Inc. v. Commc'ns Workers of Am.

    475 U.S. 643 (1986)   Cited 5,381 times   23 Legal Analyses
    Holding that it was for the court to decide whether a particular labor dispute fell within the arbitration clause of a collective-bargaining agreement
  2. Shaffer v. Heitner

    433 U.S. 186 (1977)   Cited 3,174 times   7 Legal Analyses
    Holding that, once a judgment is validly rendered against a debtor, the judgment creditor may sue to satisfy the debt with property in a state that lacks personal jurisdiction over the judgment debtor
  3. John Wiley Sons v. Livingston

    376 U.S. 543 (1964)   Cited 1,761 times   8 Legal Analyses
    Holding that a court should decide whether an arbitration agreement survived a corporate merger and bound the resulting corporation
  4. Glencore Grain Rotterdam B.V. v. Shivnath Rai Harnarain Co.

    284 F.3d 1114 (9th Cir. 2002)   Cited 365 times   1 Legal Analyses
    Holding that there was no general jurisdiction where a defendant's only contacts with California amounted to sixteen shipments of rice sold through an independently employed sales agent
  5. Kramer v. Toyota Motor Corp.

    705 F.3d 1122 (9th Cir. 2013)   Cited 257 times   2 Legal Analyses
    Holding that even though the arbitration agreement contained a delegation clause, the contract's limitation to "either you or we" meant there was not "clear and unmistakable evidence that Plaintiffs agreed to arbitrate arbitrability with nonsignatories"
  6. Beiser v. Weyler

    284 F.3d 665 (5th Cir. 2002)   Cited 165 times   1 Legal Analyses
    Holding that a dispute "relates to" an arbitration clause "whenever the clause could conceivably have an affect on the outcome of the case"
  7. Wallace v. Microsoft Corp.

    596 F.3d 703 (10th Cir. 2010)   Cited 124 times
    Holding that where service was not timely prior to removal, plaintiffs had additional time to properly serve defendant under federal rules
  8. Go-Video, Inc. v. Akai Electric Co.

    885 F.2d 1406 (9th Cir. 1989)   Cited 151 times   1 Legal Analyses
    Holding that venue and service-of-process provisions of § 12 operate independently
  9. Office Depot Inc. v. Zuccarini

    596 F.3d 696 (9th Cir. 2010)   Cited 81 times   3 Legal Analyses
    Holding that "domain names are intangible property subject to a writ of execution"
  10. Rice v. Alpha Sec., Inc.

    556 F. App'x 257 (4th Cir. 2014)   Cited 32 times
    In Rice, the defendants removed the case to federal court after it was too late to perfect service under state law, which subjected the case to dismissal with prejudice in state court.
  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 346,583 times   923 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,579 times   135 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,221 times   122 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
  14. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,709 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."
  15. Section 201 - Enforcement of Convention

    9 U.S.C. § 201   Cited 1,403 times   20 Legal Analyses
    Providing that the New York Convention "shall be enforced in United States courts in accordance with [other provisions of the FAA]"
  16. Section 207 - Award of arbitrators; confirmation; jurisdiction; proceeding

    9 U.S.C. § 207   Cited 621 times   10 Legal Analyses
    Authorizing petitions to confirm awards "as against any other party to the arbitration"
  17. Section 1448 - Process after removal

    28 U.S.C. § 1448   Cited 610 times   1 Legal Analyses
    Recognizing that “any defendant upon whom process is served after removal” has the right to move to remand the case
  18. Section 202 - Agreement or award falling under the Convention

    9 U.S.C. § 202   Cited 563 times   7 Legal Analyses
    Stating that arbitral awards "arising out of [a commercial] relationship which is entirely between citizens of the United States" fall outside the Convention
  19. Section 203 - Jurisdiction; amount in controversy

    9 U.S.C. § 203   Cited 559 times   8 Legal Analyses
    Granting original jurisdiction to district courts over proceedings arising under the Convention
  20. Rule 7 - Summons

    Or. R. Civ. P. 7   Cited 42 times

    (A) Definitions. For purposes of this rule, "plaintiff" shall include any party issuing summons and "defendant" shall include any party upon whom service of summons is sought. For purposes of this rule, a "true copy" of a summons and complaint means an exact and complete copy of the original summons and complaint. (B) Issuance. Any time after the action is commenced, plaintiff or plaintiff's attorney may issue as many original summonses as either may elect and deliver such summonses to a person authorized