40 Cited authorities

  1. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,744 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"
  2. Meyer v. Holley

    537 U.S. 280 (2003)   Cited 484 times   4 Legal Analyses
    Holding that under traditional principles of vicarious liability, a corporation is the principal of its employees/agents, and thus corporate owners and officers are not liable for the unlawful acts of an employee simply on the basis that the owner or officer controlled (or had the right to control) the actions of that employee
  3. Rush v. Savchuk

    444 U.S. 320 (1980)   Cited 818 times   2 Legal Analyses
    Holding that party was not subject to state's jurisdiction in a personal injury action simply because his insurer was based there, and stating that the requirement of minimum contacts "must be met as to each defendant . . ."
  4. 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"
  5. Alpine View Co. v. Atlas Copco AB

    205 F.3d 208 (5th Cir. 2000)   Cited 712 times   1 Legal Analyses
    Holding that general jurisdiction did not exist where the defendant occasionally sold products to entities in Texas that used the defendant's products for projects in Texas and the defendant's employees made field visits to Texas between December 1992 and December 1993
  6. 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"
  7. Kamen v. American Tel. Tel. Co.

    791 F.2d 1006 (2d Cir. 1986)   Cited 786 times
    Holding that the district court improperly considered an attorney's affidavit where the affidavit "contain[ed] no information to indicate a basis in personal knowledge for the affiant's conclusory statement"
  8. Epps v. Stewart Information Services Corp.

    327 F.3d 642 (8th Cir. 2003)   Cited 416 times
    Holding that for personal jurisdiction purposes, "the fiction of corporate entity may be disregarded, where one corporation is so organized and controlled and its affairs are so conducted that it is, in fact, a mere instrumentality or adjunct of another corporation"
  9. Volkswagenwerk Aktiengesellschaft v. Beech

    751 F.2d 117 (2d Cir. 1984)   Cited 303 times   2 Legal Analyses
    Finding sufficient allegations of fact under each of the four factors to demonstrate that the American subsidiary was a mere department of its foreign corporation
  10. Landoil v. Alexander Servs

    77 N.Y.2d 28 (N.Y. 1990)   Cited 247 times   1 Legal Analyses
    Underwriting of policies in New York insufficient to sustain jurisdiction
  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   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,307 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,914 times   333 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,339 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 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,592 times
    Codifying caselaw that incorporates "doing business" standard
  16. Section 1 - Short title

    7 U.S.C. § 1   Cited 954 times   34 Legal Analyses
    Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM