57 Cited authorities

Burger King Corp. v. Rudzewicz
471 U.S. 462 (1985) Cited 17,086 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.
World-Wide Volkswagen Corp. v. Woodson
444 U.S. 286 (1980) Cited 10,957 times 32 Legal Analyses
Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma
Piper Aircraft Co. v. Reyno
454 U.S. 235 (1981) Cited 4,798 times 12 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"
Keeton v. Hustler Magazine, Inc.
465 U.S. 770 (1984) Cited 3,081 times 7 Legal Analyses
Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 22,892 times 110 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) )
Gulf Oil Corp. v. Gilbert
330 U.S. 501 (1947) Cited 5,636 times 5 Legal Analyses
Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"
Trujillo v. Williams
465 F.3d 1210 (10th Cir. 2006) Cited 1,823 times
Holding that under 28 U.S.C. § 1915(e), district courts "may consider personal jurisdiction and venue sua sponte' . . . when the defense is obvious from the face of the complaint'" (quoting Fratus v. DeLand, 49 F.3d 673, 674-75 (10th Cir. 1995))
Goldlawr, Inc. v. Heiman
369 U.S. 463 (1962) Cited 1,813 times
Holding that a lack of personal jurisdiction can be remedied by a transfer under § 1406
United Tech. Corp. v. Mazer
556 F.3d 1260 (11th Cir. 2009) Cited 902 times
Holding that " court without personal jurisdiction is powerless to take further action"
Decker Coal Co. v. Commonwealth Edison Co.
805 F.2d 834 (9th Cir. 1986) Cited 1,361 times
Holding that moving party must make strong showing of inconvenience to warrant upsetting Plaintiff's choice of forum
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
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,851 times 189 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
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
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,140 times 141 Legal Analyses
Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1406 - Cure or waiver of defects
28 U.S.C. § 1406 Cited 14,507 times 55 Legal Analyses
Recognizing that transfer is proper to any district or division in which the action could have been brought
Section 1631 - Transfer to cure want of jurisdiction
28 U.S.C. § 1631 Cited 7,804 times 16 Legal Analyses
Granting courts authority to transfer action to court with proper jurisdiction
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,164 times 66 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 9-10-91 - Grounds for exercise of personal jurisdiction over nonresident
Ga. Code § 9-10-91 Cited 529 times 1 Legal Analyses
Permitting the exercise of Georgia long-arm jurisdiction over a defendant who "[t]ransacts any business within this state"
Section 697.02 - Nature of a mortgage
Fla. Stat. § 697.02 Cited 34 times
Providing mortgage is lien on property, not conveyance of title or right of possession

Hampton-Muhamed v. James B. Nutter & Co. et al

57 Cited authorities

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.

Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

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"

Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"

Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

Holding that under 28 U.S.C. § 1915(e), district courts "may consider personal jurisdiction and venue sua sponte' . . . when the defense is obvious from the face of the complaint'" (quoting Fratus v. DeLand, 49 F.3d 673, 674-75 (10th Cir. 1995))

Holding that a lack of personal jurisdiction can be remedied by a transfer under § 1406

Holding that " court without personal jurisdiction is powerless to take further action"

Holding that moving party must make strong showing of inconvenience to warrant upsetting Plaintiff's choice of forum

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

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

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

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

Recognizing that transfer is proper to any district or division in which the action could have been brought

Granting courts authority to transfer action to court with proper jurisdiction

Holding debt collectors civilly liable for illicit debt collection practices

Permitting the exercise of Georgia long-arm jurisdiction over a defendant who "[t]ransacts any business within this state"

Providing mortgage is lien on property, not conveyance of title or right of possession