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In re: Aluminum Warehousing Antitrust Litigation

MEMORANDUM OF LAW in Opposition re:

58 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,225 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.

  2. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 11,014 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

  3. Asahi Metal Indus. Co. Ltd. v. Superior Court

    480 U.S. 102 (1987)   Cited 4,952 times   40 Legal Analyses
    Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable

  4. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,795 times   7 Legal Analyses
    Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"

  5. Hanson v. Denckla

    357 U.S. 235 (1958)   Cited 7,975 times   11 Legal Analyses
    Holding that personal jurisdiction over defendant trustee was inappropriate when defendant's only contacts with the forum resulted from plaintiff-settlor's unilateral activity of moving to Florida

  6. Credit Lyonnais Securities (USA), Inc. v. Alcantara

    183 F.3d 151 (2d Cir. 1999)   Cited 1,634 times
    Holding that personal jurisdiction was proper under N.Y. C.P.L.R. § 302 based on defendants' active account with plaintiff security broker from which a series of transactions were made that formed the basis of the lawsuit

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

    673 F.3d 50 (2d Cir. 2012)   Cited 713 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

  8. 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

  9. Ball v. Metallurgie Hoboken-Overpelt, S.A

    902 F.2d 194 (2d Cir. 1990)   Cited 915 times
    Holding that plaintiff may defeat a 12(b) motion by pleading, in good faith, legally sufficient allegations of jurisdiction

  10. Kreutter v. McFadden Oil Corp.

    71 N.Y.2d 460 (N.Y. 1988)   Cited 965 times   4 Legal Analyses
    Holding that to establish jurisdiction under section 302, the plaintiff was not required to "establish a formal agency relationship between [the foreign] defendants and [the alleged agent]"; instead, the plaintiff needed only to "convince the court that [the alleged agent] engaged in purposeful activities in [New York] in relation to his transaction for the benefit of and with the knowledge and consent of the [foreign] defendants and that they exercised some control over [the alleged agent] in the matter"

  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 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

  12. 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

  13. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 3,211 times   76 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"

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

    N.Y. CPLR 301   Cited 1,592 times
    Codifying caselaw that incorporates "doing business" standard

  15. Section 22 - District in which to sue corporation

    15 U.S.C. § 22   Cited 734 times   1 Legal Analyses
    Providing for venue where the defendant is "an inhabitant," "may be found," or "transacts business"