§Why CasetextPricing

DiFederico et al v. Marriott International, Inc.

MOTION to Dismiss Plaintiffs' Amended Complaint

38 Cited authorities

  1. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 4,738 times   11 Legal Analyses
    Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

  2. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,482 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  3. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,600 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  4. Sucampo v. Astellas Pharma

    471 F.3d 544 (4th Cir. 2006)   Cited 308 times   1 Legal Analyses
    Holding that a forum-selection clause may be enforced “under Rule 12(b) as a motion to dismiss on the basis of improper venue”

  5. Lueck v. Sundstrand Corp.

    236 F.3d 1137 (9th Cir. 2001)   Cited 294 times   1 Legal Analyses
    Holding that the Zipfel choice of law analysis is only determinative when the case involves a United States statute requiring venue in the United States, such as the Jones Act or the FELA

  6. Philip Morris Incorporated v. Angeletti

    358 Md. 689 (Md. 2000)   Cited 284 times
    Holding that reliance was another issue unique to each class member, adding weight to the predominance of individual over common questions

  7. Erie v. Heffernan

    399 Md. 598 (Md. 2007)   Cited 177 times
    Finding the public policy exception did not require the application of Maryland's cap on non-economic damages to a claim involving an uninsured/underinsured motorist insurance policy where "[t]he Maryland General Assembly has not addressed specifically the issue of the applicability of the non-economic damages cap to claims for uninsured/underinsured motorist damages"

  8. Lockman Found. v. Evangelical Alliance Mission

    930 F.2d 764 (9th Cir. 1991)   Cited 242 times
    Holding that RICO claims may be dismissed on forum non conveniens grounds even when they would not be available in the alternative forum

  9. Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp.

    549 U.S. 422 (2007)   Cited 41 times   1 Legal Analyses
    Holding that a court need not decide jurisdictional issues if it determines that a foreign tribunal is a more suitable forum for the case

  10. Inversiones Eufrates, S.A. v. Banco Industrial de Venezuela, S.A. (In re Blanco)

    997 F.2d 974 (2d Cir. 1993)   Cited 198 times
    Holding that forum-selection clause was permissive where parties "irrevocably submit[ted]" to the jurisdiction of a designated forum

  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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss