§Why CasetextPricing

Norex Petroleum Limited, Appellant,v.Leonard Blavatnik, et al., Respondents.

Brief

56 Cited authorities

  1. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,456 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  2. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,359 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues

  3. Kiobel v. Royal Dutch Petroleum Co.

    569 U.S. 108 (2013)   Cited 469 times   45 Legal Analyses
    Holding that the ATS does not authorize an action for a tort that occurred entirely outside of the United States

  4. Board of Regents v. Tomanio

    446 U.S. 478 (1980)   Cited 1,344 times
    Holding that federal courts should not apply state statute of limitations and tolling rules that are "inconsistent with the federal policy underlying the cause of action under consideration"

  5. Reiter v. Sonotone Corp.

    442 U.S. 330 (1979)   Cited 1,156 times   7 Legal Analyses
    Holding that "injury to business or property" was not limited to commercial interests

  6. Sellan v. Kuhlman

    261 F.3d 303 (2d Cir. 2001)   Cited 1,701 times   1 Legal Analyses
    Holding that state court adjudicates claim on the merits when it disposes of claim on the merits and reduces its disposition to judgment, whether or not state court made explicit reference to federal case law

  7. Raygor v. Regents of University of Minnesota

    534 U.S. 533 (2002)   Cited 392 times   1 Legal Analyses
    Holding the Eleventh Amendment bars actions in federal court even where 28 U.S.C. § 1367, in general, authorizes supplemental jurisdiction

  8. Guaranty Trust Co. v. York

    326 U.S. 99 (1945)   Cited 2,322 times   1 Legal Analyses
    Holding that federal courts sitting in diversity should apply state law that determines the outcome of the case

  9. Jinks v. Richland County

    538 U.S. 456 (2003)   Cited 262 times
    Holding that a statute is authorized by the Necessary and Proper Clause when it “provides an alternative to [otherwise] unsatisfactory options” that are “obviously inefficient”

  10. Norex Petroleum Ltd. v. Access Industries

    416 F.3d 146 (2d Cir. 2005)   Cited 298 times
    Holding that bringing suit in defendant's home forum is due "substantial deference" when done to ensure jurisdiction over the defendant

  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 344,767 times   920 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,230 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,532 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 41 - Mandate: Contents; Issuance and Effective Date; Stay

    Fed. R. App. P. 41   Cited 2,646 times   13 Legal Analyses
    Providing that "[t]he court may shorten ... by order" the time for issuing its mandate

  15. Section 415 - Limitations of actions

    47 U.S.C. § 415   Cited 129 times   3 Legal Analyses
    Establishing one year statute of limitations for petitions brought to enforce order for payment of money in federal or state court

  16. Section 11705 - Limitation on actions by and against rail carriers

    49 U.S.C. § 11705   Cited 127 times
    Allowing an award of attorney's fees to a prevailing party in an action to enforce an ICC order for damages

  17. Section 843 - Art. 43. Statute of limitations

    10 U.S.C. § 843   Cited 16 times
    Listing "aiding the enemy, mutiny, or murder"