§Why CasetextPricing

Gundlach v. International Business Machines Inc. et al

MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss.. Document

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,931 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service

  4. Herrmann v. IUE AFL-CIO Pension Fund

    513 U.S. 822 (1994)   Cited 504 times
    Finding that "a wrongfully enjoined party is entitled to have the bond executed and recover provable damages up to the amount of the bond."

  5. IUE AFL-CIO Pension Fund v. Herrmann

    9 F.3d 1049 (2d Cir. 1993)   Cited 1,709 times   2 Legal Analyses
    Holding that a "district court may assert personal jurisdiction over the parties to the related state-law claims even if personal jurisdiction is not otherwise available ...." provided that "a federal statute authorizes nationwide service of process, and the federal and state claims derive from a common nucleus of operative fact"

  6. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,407 times
    Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

  7. Whitaker v. American Telecasting, Inc.

    261 F.3d 196 (2d Cir. 2001)   Cited 933 times   1 Legal Analyses
    Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."

  8. Best Van Lines v. Walker

    490 F.3d 239 (2d Cir. 2007)   Cited 757 times
    Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction

  9. Jazini ex rel. Jazini v. Nissan Motor Co.

    148 F.3d 181 (2d Cir. 1998)   Cited 709 times   2 Legal Analyses
    Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction

  10. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 516 times   4 Legal Analyses
    Holding "the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture" weighed against dismissing the action on forum non conveniens grounds

  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 354,229 times   943 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 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

  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,500 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred