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Grainer v. Smallboard, Inc. et al

MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, to Transfer Venue

27 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,763 times   237 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,003 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.

  3. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,331 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  4. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,677 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

  5. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 4,773 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"

  6. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,784 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  7. Jumara v. State Farm Ins. Co.

    55 F.3d 873 (3d Cir. 1995)   Cited 2,450 times   5 Legal Analyses
    Holding that a plaintiff's choice of venue "should not be lightly disturbed"

  8. Burnham v. Superior Court of Cal., Marin County

    495 U.S. 604 (1990)   Cited 686 times   7 Legal Analyses
    Holding that personal service in a state is sufficient for establishing personal jurisdiction

  9. O'Connor v. Sandy Lane

    496 F.3d 312 (3d Cir. 2007)   Cited 1,167 times   7 Legal Analyses
    Holding a vacation company purposefully contacted Pennsylvania by mailing brochures and calling Pennsylvania residents

  10. Lewis v. ACB Business Services, Inc.

    135 F.3d 389 (6th Cir. 1998)   Cited 1,495 times   1 Legal Analyses
    Holding that a company whose principal purpose is to extend credit rather than collect debts is not a debt collector under the Fair Debt Collections Practices Act

  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 351,086 times   937 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 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 112,712 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"

  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,670 times   188 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

  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,265 times   198 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  16. Section 5322 - Bases of personal jurisdiction over persons outside this Commonwealth

    42 Pa. C.S. § 5322   Cited 870 times   2 Legal Analyses
    Authorizing the exercise of personal jurisdiction to the fullest extent permitted by the U.S. Constitution