Daimler AG v. Bauman
571 U.S. 117 (2014) Cited 5,861 times 237 Legal AnalysesHolding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"
Gucci Am., Inc. v. Bank of China
768 F.3d 122 (2d Cir. 2014) Cited 349 times 7 Legal AnalysesHolding that court has no general personal jurisdiction over a bank where it "has branch offices in the forum, but is incorporated and headquartered elsewhere"
Wiwa v. Royal Dutch Petroleum Co.
226 F.3d 88 (2d Cir. 2000) Cited 516 times 4 Legal AnalysesHolding "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
In re Graphics Processing Units Antitrust Litigation
527 F. Supp. 2d 1011 (N.D. Cal. 2007) Cited 113 times 1 Legal AnalysesHolding that subpoenas served on defendants and grand jury investigation carry no weight in pleading antitrust conspiracy where it is unknown whether investigation will result in indictments or nothing at all, also noting that a decision not to prosecute would not be binding on plaintiffs, and granting leave to amend
Karabu Corp. v. Gitner
16 F. Supp. 2d 319 (S.D.N.Y. 1998) Cited 83 timesHolding that in order to make a prima facie showing of personal jurisdiction, "a plaintiff's allegations must sufficiently detail the defendant's conduct so as to persuade a court that the defendant was a ‘primary actor’ in the specific matter in question; control cannot be shown based merely upon a defendant's title or position within the corporation, or upon conclusory allegations that the defendant controls the corporation."
State v. Mountain Tobacco Co.
55 F. Supp. 3d 301 (E.D.N.Y. 2014) Cited 18 timesFinding plaintiff failed to demonstrate personal jurisdiction over defendant based on an agency theory where it "d[id] not offer any allegations to indicate that [the defendant] exercised control over [the purported agent]'s activities in New York"
Diplacido v. Commodity Futures Trading
364 F. App'x 657 (2d Cir. 2009) Cited 14 times 2 Legal AnalysesHolding that CFTC interpretation of manipulation under the CEA was not a change of position that banned a “commonplace” practice
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,286 times 5 Legal AnalysesHolding 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"
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,578 timesCodifying caselaw that incorporates "doing business" standard