26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,882 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 277,112 times 369 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
Omni Capital Int'l v. Rudolf Wolff Co.
484 U.S. 97 (1987) Cited 1,951 times 1 Legal Analyses
Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service
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."
IUE AFL-CIO Pension Fund v. Herrmann
9 F.3d 1049 (2d Cir. 1993) Cited 1,720 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"
Metropolitan Life Ins. v. Robertson-Ceco Corp.
84 F.3d 560 (2d Cir. 1996) Cited 1,423 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"
Whitaker v. American Telecasting, Inc.
261 F.3d 196 (2d Cir. 2001) Cited 944 times 1 Legal Analyses
Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."
Best Van Lines v. Walker
490 F.3d 239 (2d Cir. 2007) Cited 769 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
Jazini ex rel. Jazini v. Nissan Motor Co.
148 F.3d 181 (2d Cir. 1998) Cited 713 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
Wiwa v. Royal Dutch Petroleum Co.
226 F.3d 88 (2d Cir. 2000) Cited 517 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
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 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,489 times 129 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
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,884 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Gundlach v. International Business Machines Inc. et al

26 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service

Finding that "a wrongfully enjoined party is entitled to have the bond executed and recover provable damages up to the amount of the bond."

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"

Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."

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

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

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred