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Duguid v. Facebook, Inc.

MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss . Memorandum in Support of Facebook, Inc.s Motion to Dismiss Pursuant to Federal Rules of Procedure 12

33 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,954 times   238 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 5,480 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.

    571 U.S. 49 (2013)   Cited 3,855 times   39 Legal Analyses
    Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC

  4. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,212 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.

  5. Penguin Group

    609 F.3d 30 (2d Cir. 2010)   Cited 561 times   1 Legal Analyses
    Holding that use of the internet affects situs of injury inquiry because of the "speed and ease with which the internet may allow out of state actions to cause injury"

  6. Gulf Ins. Co. v. Glasbrenner

    417 F.3d 353 (2d Cir. 2005)   Cited 481 times   1 Legal Analyses
    Holding venue improper unless "significant events or omissions material to the plaintiff's claim . . . occurred in the district in question, even if other material events occurred elsewhere"

  7. Satterfield v. Simon Schuster

    569 F.3d 946 (9th Cir. 2009)   Cited 425 times   25 Legal Analyses
    Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable

  8. Sonera Holding B.V. v. Çukurova Holding A.S.

    750 F.3d 221 (2d Cir. 2014)   Cited 255 times   4 Legal Analyses
    Holding that a corporation's contacts with New York did not “come close to making it ‘at home' there” even though the corporation solicited business from two New York-based funds, among other contacts that the corporation had with New York

  9. Everlast World's Boxing Headquarters Corp. v. Ringside, Inc.

    928 F. Supp. 2d 735 (S.D.N.Y. 2013)   Cited 127 times
    Granting motion to transfer venue where "plaintiff's choice of forum is the sole important factor that favors keeping the action in New York"

  10. BWP Media USA Inc. v. Hollywood Fan Sites, LLC

    69 F. Supp. 3d 342 (S.D.N.Y. 2014)   Cited 77 times
    Finding relationships element not satisfied where "Plaintiffs have failed to provide any information whatsoever regarding the Defendants' respective roles in the enterprise" and made no "mention of the roles each Defendant played and the actions they took"

  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 357,835 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 29,059 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 28,849 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  14. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,654 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities

  15. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,716 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  16. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,769 times   742 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  17. 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"

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

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