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Clarity Research And Consulting, Llc v. Omniwest, Llc et al

MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12

33 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,889 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  2. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,292 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  3. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,659 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  4. Stuart v. Spademan

    772 F.2d 1185 (5th Cir. 1985)   Cited 990 times
    Holding that the nonresident defendant did not intend to avail himself of the laws of the forum when he contracted with several Texas residents, sent letters to Texas, shipped products to Texas, included a Texas law provision in the contract, and marketed his product in Texas

  5. McFadin v. Gerber

    587 F.3d 753 (5th Cir. 2009)   Cited 445 times
    Holding that "the actions of an agent may establish minimum contacts over a principal" but requiring the plaintiff to show an agency relationship

  6. Mink v. AAAA Dev. LLC

    190 F.3d 333 (5th Cir. 1999)   Cited 534 times
    Holding that website is passive when it provides the user with printable forms and displays contact information

  7. Bridas S.A.P.I.C. v. Govt. of Turkmenistan

    345 F.3d 347 (5th Cir. 2003)   Cited 446 times
    Holding that “[t]he Plaintiff cannot, on the one hand, seek to hold the nonsignatory liable pursuant to duties imposed by the agreement, which contains an arbitration provision, but, on the other hand, deny arbitration's applicability because the defendant is a nonsignatory

  8. Moncrief Oil International Inc. v. OAO Gazprom

    481 F.3d 309 (5th Cir. 2007)   Cited 337 times
    Holding that the “exchange of communications in the course of developing and carrying out a contract” does not qualify as purposeful availment

  9. Central Freight Lines Inc. v. APA Transport Corp.

    322 F.3d 376 (5th Cir. 2003)   Cited 372 times
    Holding that the defendant shipper's awareness of and interference with a contractual relationship between two Texas-based companies whose business relationship centers around Texas and that resulted in harm to plaintiff in Texas supported personal jurisdiction in Texas

  10. Pennzoil Expl. & Prod. Co. v. Ramco Energy Ltd.

    139 F.3d 1061 (5th Cir. 1998)   Cited 324 times
    Holding when presented with a similar arbitration clause that “it is only necessary that the dispute ‘touch’ matters covered by the [agreement] to be arbitrable”

  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 347,506 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 1320a-7b - Criminal penalties for acts involving Federal health care programs

    42 U.S.C. § 1320a-7b   Cited 1,448 times   316 Legal Analyses
    Prohibiting the solicitation or receipt of "remuneration" in exchange for referrals

  13. Section 160.103 - [Effective 6/25/2024] Definitions

    45 C.F.R. § 160.103   Cited 625 times   86 Legal Analyses
    Excluding "government agency ... collecting protected health information" to determine eligibility for public benefits

  14. Section 164.502 - [Effective 6/25/2024] Uses and disclosures of protected health information: General rules

    45 C.F.R. § 164.502   Cited 391 times   95 Legal Analyses
    Providing that a person authorized to act on behalf of a deceased individual must be treated as a personal representative “with respect to protected health information relevant to such personal representation ”

  15. Section 164.501 - Definitions

    45 C.F.R. § 164.501   Cited 178 times   55 Legal Analyses
    Defining "health care operations" as including "legal services"

  16. Section 164.514 - Other requirements relating to uses and disclosures of protected health information

    45 C.F.R. § 164.514   Cited 101 times   43 Legal Analyses
    Defining de-identified information

  17. Section 164.103 - Definitions

    45 C.F.R. § 164.103   Cited 31 times   8 Legal Analyses
    Defining covered entities as a health plan, a health care clearinghouse, or a health care provider who transmits any health information electronically in connection with covered transactions

  18. Section 164.504 - Uses and disclosures: Organizational requirements

    45 C.F.R. § 164.504   Cited 18 times   18 Legal Analyses
    Stating that business associates must "[m]ake available [PHI] in accordance with § 164.524"

  19. Section 164.526 - Amendment of protected health information

    45 C.F.R. § 164.526   Cited 16 times   1 Legal Analyses
    Giving individuals “the right to have a covered entity amend protected health information or a record about the individual”

  20. Section 164.528 - Accounting of disclosures of protected health information

    45 C.F.R. § 164.528   Cited 14 times   7 Legal Analyses
    Providing for right of individual to demand an accounting of covered entity's disclosures of health information to others

  21. Section 164.402 - Definitions

    45 C.F.R. § 164.402   Cited 5 times   32 Legal Analyses

    As used in this subpart, the following terms have the following meanings: Breach means the acquisition, access, use, or disclosure of protected health information in a manner not permitted under subpart E of this part which compromises the security or privacy of the protected health information. (1) Breach excludes: (i) Any unintentional acquisition, access, or use of protected health information by a workforce member or person acting under the authority of a covered entity or a business associate

  22. Section 164.522 - Rights to request privacy protection for protected health information

    45 C.F.R. § 164.522   Cited 3 times   42 Legal Analyses

    (a) (1)Standard: Right of an individual to request restriction of uses and disclosures. (i) A covered entity must permit an individual to request that the covered entity restrict: (A) Uses or disclosures of protected health information about the individual to carry out treatment, payment, or health care operations; and (B) Disclosures permitted under § 164.510(b) . (ii) Except as provided in paragraph (a)(1)(vi) of this section, a covered entity is not required to agree to a restriction. (iii) A