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Haverhill Retirement System v. Barclays Bank PLC et al

MEMORANDUM OF LAW in Opposition re: 501 MOTION to Dismiss for Lack of Jurisdiction . . Document

63 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 6,057 times   239 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,585 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,617 times   49 Legal Analyses
    Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))

  4. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,333 times   47 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.

  5. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 11,059 times   33 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

  6. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,776 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"

  7. J. McIntyre Machinery, Ltd. v. Nicastro

    564 U.S. 873 (2011)   Cited 1,396 times   36 Legal Analyses
    Holding that a metal-shearing machine manufacturer based in England that engaged an independent distributor to sell its machines across the U.S. was not subject to personal jurisdiction in New Jersey where the plaintiff was injured while using one of the company's machines

  8. Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

    456 U.S. 694 (1982)   Cited 4,007 times   4 Legal Analyses
    Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

  9. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 23,146 times   111 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) )

  10. Marrese v. American Academy of Ortho. Surgeons

    470 U.S. 373 (1985)   Cited 2,035 times
    Holding that the full faith and credit statute, 28 U.S.C. § 1738, "directs a federal court to refer to the preclusion law of the State in which judgment was rendered"

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,290 times   192 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

  12. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,757 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  13. Section 22 - District in which to sue corporation

    15 U.S.C. § 22   Cited 738 times   1 Legal Analyses
    Providing for venue where the defendant is "an inhabitant," "may be found," or "transacts business"

  14. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 282 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA

  15. Section 7 - "Person" or "persons" defined

    15 U.S.C. § 7   Cited 106 times
    Defining the word "person" or "persons"

  16. Section 200 - When foreign banking corporation may transact business in this state

    N.Y. Banking Law § 200   Cited 84 times   2 Legal Analyses

    No foreign banking corporation, other than a bank organized under the laws of the United States, shall transact in this state the business of buying, selling, paying or collecting bills of exchange, or of issuing letters of credit or of receiving money for transmission or transmitting the same by draft, check, cable or otherwise, or of making loans, or of receiving deposits, or of exercising the fiduciary powers specified in section two hundred one-b of this chapter, or transacting any part of such

  17. Section 200-B - Actions maintained against foreign banking corporation; residents; foreign corporations, foreign banking corporations as non-residents

    N.Y. Banking Law § 200-B   Cited 18 times

    1. An action or special proceeding against a foreign banking corporation may be maintained by a resident of this state for any cause of action. For purposes of this subdivision one, the term "resident of this state" shall include any corporation formed under any law of this state. 2. Except as otherwise provided in this chapter, an action or special proceeding against a foreign banking corporation may be maintained by another foreign corporation or foreign banking corporation or by a non-resident

  18. Section 202-B - Maintenance of assets in this state

    N.Y. Banking Law § 202-B   Cited 1 times

    1.[Effective until notification of the superintendent of financial services] Upon opening a branch or agency and thereafter, a foreign banking corporation licensed pursuant to article two of this chapter shall keep on deposit, in accordance with such rules and regulations as the superintendent shall adopt shall from time to time, with such banks or trust companies or private bankers or national banks in the state of New York as such foreign banking corporation may designate and the superintendent