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Donson v. Air And Liquid Systems, Inc. et al

MOTION to dismiss for lack of jurisdiction

21 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 6,112 times   240 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 5,633 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,402 times   47 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.

  4. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,493 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  5. Malletier v. Mosseri

    736 F.3d 1339 (11th Cir. 2013)   Cited 461 times
    Holding due process satisfied where a defendant advertised, sold, and distributed trademark-infringing goods to Floridians from New York

  6. Hall v. United Ins. Co. of America

    367 F.3d 1255 (11th Cir. 2004)   Cited 612 times
    Holding that "denial of leave to amend is justified by futility when the complaint as amended is still subject to dismissal"

  7. Meier ex Rel. Meier v. Sun Intern. Hotels

    288 F.3d 1264 (11th Cir. 2002)   Cited 621 times   1 Legal Analyses
    Holding that Florida has an interest in adjudicating disputes that arise from injury at Caribbean resort because millions of tourists travel to the Caribbean resorts from Florida

  8. Venetian Salami Co. v. Parthenais

    554 So. 2d 499 (Fla. 1989)   Cited 736 times   8 Legal Analyses
    Holding that "mere proof of any one of the several circumstances enumerated in [Florida's long-arm statute] . . . does not automatically satisfy the due process requirement of minimum contacts."

  9. Sculptchair, Inc. v. Century Arts, Ltd.

    94 F.3d 623 (11th Cir. 1996)   Cited 524 times   2 Legal Analyses
    Holding that making phone calls from Canada to Florida did not qualify as carrying on a business venture in Florida

  10. Consolidated Development v. Sherritt, Inc.

    216 F.3d 1286 (11th Cir. 2000)   Cited 382 times
    Holding that the plaintiffs failed to meet their burden and dismissing the case for lack of personal jurisdiction

  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 363,942 times   963 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 165,126 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 48.193 - Acts subjecting person to jurisdiction of courts of state

    Fla. Stat. § 48.193   Cited 1,685 times   15 Legal Analyses
    Referencing Fla. Stat. § 685.102

  14. Section 774.205 - Claimant proceedings

    Fla. Stat. § 774.205   Cited 12 times

    (1) A civil action alleging an asbestos or silica claim may be brought in the courts of this state if the plaintiff is domiciled in this state or the exposure to asbestos or silica that is a substantial contributing factor to the physical impairment of the plaintiff on which the claim is based occurred in this state. (2) A plaintiff in a civil action alleging an asbestos or silica claim must include with the complaint or other initial pleading a written report and supporting test results constituting