§Why CasetextPricing

In re: North Sea Brent Crude Oil Futures Litigation

MEMORANDUM OF LAW in Support re:

17 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 6,085 times   240 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 5,609 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 4,640 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. J. McIntyre Machinery, Ltd. v. Nicastro

    564 U.S. 873 (2011)   Cited 1,398 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

  5. Perkins v. Benguet Mining Co.

    342 U.S. 437 (1952)   Cited 1,842 times   4 Legal Analyses
    Holding Ohio courts could exercise general jurisdiction over a foreign corporation due to the extent and nature of the temporary operations in the state, finding such business activity was continuous and systematic

  6. Bank Brussels v. Fiddler Gonzalez Rodriguez

    171 F.3d 779 (2d Cir. 1999)   Cited 800 times
    Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2

  7. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 520 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

  8. Bensusan Restaurant Corporation v. King

    126 F.3d 25 (2d Cir. 1997)   Cited 520 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"

  9. Sonera Holding B.V. v. Çukurova Holding A.S.

    750 F.3d 221 (2d Cir. 2014)   Cited 259 times   4 Legal Analyses
    Holding that a corporation's contacts with New York did not “come close to making it ‘at home' there” even though the corporation solicited business from two New York-based funds, among other contacts that the corporation had with New York

  10. Troma Entm't, Inc. v. Centennial Pictures Inc.

    729 F.3d 215 (2d Cir. 2013)   Cited 136 times   1 Legal Analyses
    Holding that “statutory damages as a result of defendants' willful infringement” is “far too speculative to support a finding that [the plaintiff] suffered injury in New York”

  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 362,607 times   962 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 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,377 times   7 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"

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

    N.Y. CPLR 301   Cited 1,602 times
    Codifying caselaw that incorporates "doing business" standard