§Why CasetextPricing

Henkin v. Gibraltar Private Bank & Trust Company

MOTION to Dismiss for Lack of Jurisdiction

41 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 6,069 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 5,596 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 4,626 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, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985))

  4. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 23,169 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) )

  5. Chloé v. Queen Bee of Beverly Hills, LLC

    616 F.3d 158 (2d Cir. 2010)   Cited 847 times
    Holding that a defendant's conduct was purposefully directed toward New York because the defendant offered bags for sale on its website to New York customers and shipped at least one bag to a New York customer

  6. Licci ex rel. Licci v. Lebanese Canadian Bank SAL

    673 F.3d 50 (2d Cir. 2012)   Cited 733 times   4 Legal Analyses
    Finding New York law applied to tort claim where all of the challenged conduct occurred in New York even though the plaintiffs' injuries occurred in Israel, where they were domiciled

  7. Penguin Group

    609 F.3d 30 (2d Cir. 2010)   Cited 578 times   1 Legal Analyses
    Holding that use of the internet affects situs of injury inquiry because of the "speed and ease with which the internet may allow out of state actions to cause injury"

  8. Brown v. Lockheed Martin Corp.

    814 F.3d 619 (2d Cir. 2016)   Cited 434 times   15 Legal Analyses
    Holding that "except in a truly ‘exceptional’ case, a corporate defendant may be treated as ‘essentially at home’ only where it is incorporated or maintains its principal place of business"

  9. Monkton Ins. Servs., Ltd. v. Ritter

    768 F.3d 429 (5th Cir. 2014)   Cited 418 times   2 Legal Analyses
    Holding that communications and wire transfers were insufficient to confer jurisdiction where the communications and transfers were initiated by the resident plaintiff

  10. O'Neill v. Asat Trust Reg.

    714 F.3d 659 (2d Cir. 2013)   Cited 417 times   2 Legal Analyses
    Holding that "conclusory" allegations are "insufficient for specific personal jurisdiction purposes"

  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 361,853 times   961 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 1391 - Venue generally

    28 U.S.C. § 1391   Cited 29,214 times   200 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 1681 - Congressional findings and statement of purpose

    15 U.S.C. § 1681   Cited 6,562 times   198 Legal Analyses
    Recognizing the need to protect "the consumer's right to privacy"

  14. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,370 times   6 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  15. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,997 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators

  16. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,600 times
    Codifying caselaw that incorporates "doing business" standard