78 Cited authorities

  1. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 17,734 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"
  2. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,455 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
  3. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,693 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)
  4. Krupski v. Costa Crociere S. P. A.

    560 U.S. 538 (2010)   Cited 1,262 times   2 Legal Analyses
    Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury
  5. Semtek International Inc. v. Lockheed Martin Corp.

    531 U.S. 497 (2001)   Cited 1,349 times   3 Legal Analyses
    Holding that the "claim-preclusive effect" of a previous decision by a federal court sitting in diversity is governed by "the law that would be applied by state courts in the State in which the federal diversity court sits"
  6. Schiavone v. Fortune

    477 U.S. 21 (1986)   Cited 753 times
    Holding that in order to relate back "the basic claim must have arisen out of the conduct set forth in the original pleading"
  7. Burnett v. N.Y. Cent. R. Co.

    380 U.S. 424 (1965)   Cited 1,015 times
    Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"
  8. 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”
  9. 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
  10. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 283 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute
  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,909 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,044 times   133 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,158 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
  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,479 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"
  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,910 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  16. Rule 41 - Mandate: Contents; Issuance and Effective Date; Stay

    Fed. R. App. P. 41   Cited 2,645 times   13 Legal Analyses
    Providing that "[t]he court may shorten ... by order" the time for issuing its mandate
  17. Section 203 - Method of computing periods of limitation generally

    N.Y. CPLR 203   Cited 2,652 times   2 Legal Analyses
    Providing that, in an action commenced by filing, "a claim asserted in the complaint is interposed against the defendant" upon filing
  18. Section 205 - Termination of action

    N.Y. CPLR 205   Cited 1,351 times   2 Legal Analyses
    Allowing plaintiffs six months to refile
  19. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 578 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does
  20. Section 500.1 - General requirements

    N.Y. Comp. Codes R. & Regs. tit. 22 § 500.1   Cited 1 times

    (a) All papers shall comply with applicable statutes and rules, particularly the signing requirement of section 130-1.1 -a of this Title. (b) Papers filed. Papers filed means briefs, papers submitted pursuant to sections 500.10 and 500.11 of this Part, motion papers, records and appendices. (c) Method of reproduction. All papers filed may be reproduced by any method that produces a permanent, legible, black image on white paper. Reproduction on both sides of the paper is encouraged. (d) Designation