§Why CasetextPricing

In re National Security Agency Telecommunications Records Litigation

MOTION to Dismiss of Specially Appearing Defendants AT&T Inc. and BellSouth Corporation to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction

25 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,188 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. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,405 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  3. Hanson v. Denckla

    357 U.S. 235 (1958)   Cited 7,967 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

  4. Bancroft Masters, Inc., v. Augusta National

    223 F.3d 1082 (9th Cir. 2000)   Cited 1,235 times   1 Legal Analyses
    Holding that California had personal jurisdiction over declaratory judgment defendant because of defendant's challenge to plaintiff's registration for its domain name, which challenge was filed with an agency located in Virginia but affected the plaintiff's ability to use the domain name in California

  5. Doe v. Unocal Corp.

    248 F.3d 915 (9th Cir. 2001)   Cited 949 times   1 Legal Analyses
    Holding "court may consider evidence" on motion to dismiss under Rule 12(b)

  6. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 517 times   4 Legal Analyses
    Holding "the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture" weighed against dismissing the action on forum non conveniens grounds

  7. Bensusan Restaurant Corporation v. King

    126 F.3d 25 (2d Cir. 1997)   Cited 518 times
    Holding that, even if the plaintiff suffered injury in New York, "that does not establish a tortious act in the state of New York within the meaning of § 302"

  8. Bank Brussels Lambert v. Fiddler Gonzalez

    305 F.3d 120 (2d Cir. 2002)   Cited 438 times   1 Legal Analyses
    Holding that the district court adopted "too narrow of a view" of the relevant contacts with respect to specific jurisdiction, reasoning that, although the contacts "may not have directly given rise to the plaintiff's cause of action, they certainly 'relate to' it"

  9. Grand River Enterprises Six Nations v. Pryor

    425 F.3d 158 (2d Cir. 2005)   Cited 376 times
    Holding that New York's Allocable Share Amendment does not discriminate in favor of instate manufacturers over out-of-state manufacturers

  10. Hoffritz for Cutlery, Inc. v. Amajac, Ltd.

    763 F.2d 55 (2d Cir. 1985)   Cited 565 times   1 Legal Analyses
    Holding that fifty-four visits over ten years was insufficient for personal jurisdiction under section 301

  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 357,280 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 times   128 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 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,110 times   106 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

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

    N.Y. C.P.L.R. § 302   Cited 4,325 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 1,589 times
    Codifying caselaw that incorporates "doing business" standard