In re: North Sea Brent Crude Oil Futures Litigation
REPLY MEMORANDUM OF LAW in Support re: 225 MOTION to Dismiss the Trader Plaintiffs' Consolidated Amended Class Action Complaint for Failure to State a Claim as to Shell Trading
Holding that court has no general personal jurisdiction over a bank where it "has branch offices in the forum, but is incorporated and headquartered elsewhere"
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
527 F. Supp. 2d 1011 (N.D. Cal. 2007) Cited 113 times 1 Legal Analyses
Holding 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
Holding 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."
Finding 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"
N.Y. C.P.L.R. § 302 Cited 4,286 times 5 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"