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Kedme v. Merritt Hawkins & Associates, Llc

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12

20 Cited authorities

  1. Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.

    571 U.S. 49 (2013)   Cited 3,672 times   39 Legal Analyses
    Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC

  2. In re Volkswagen of Am.

    545 F.3d 304 (5th Cir. 2008)   Cited 1,585 times   13 Legal Analyses
    Holding this prong to be satisfied when "the harm . . . will already have been done by the time the case is tried and appealed, and the prejudice suffered cannot be put back in the bottle"

  3. Aetna Life Ins. Co. v. Haworth

    300 U.S. 227 (1937)   Cited 3,448 times   1 Legal Analyses
    Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

  4. Action Industries v. U.S. Fidelity Guar. Co.

    358 F.3d 337 (5th Cir. 2004)   Cited 479 times
    Holding that a general choice-of-law provision did not express the parties' clear intent to depart from the Federal Arbitration Act's vacatur standard

  5. Orix Credit Alliance, Inc. v. Wolfe

    212 F.3d 891 (5th Cir. 2000)   Cited 405 times
    Holding that the issue of ripeness in a declaratory action is a question of law which the Court of Appeals reviews de novo

  6. Peteet v. Dow Chem. Co.

    868 F.2d 1428 (5th Cir. 1989)   Cited 434 times   1 Legal Analyses
    Holding that an eighteen-month delay in moving to transfer was unreasonable

  7. Cate v. Oldham

    707 F.2d 1176 (11th Cir. 1983)   Cited 373 times
    Holding the "strong public interest in protecting First Amendment values" favored preliminary injunctive relief

  8. Vantage Trailers v. Beall Corp.

    567 F.3d 745 (5th Cir. 2009)   Cited 161 times
    Holding that the court need not resolve disputed facts in favor of the plaintiff in determining jurisdiction

  9. Utica Lloyd's of Texas v. Mitchell

    138 F.3d 208 (5th Cir. 1998)   Cited 179 times
    Holding that "a party may not rely on the [TDJA] to authorize attorney's fees in a diversity case because the statute is not substantive law"

  10. Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp.

    549 U.S. 422 (2007)   Cited 41 times   1 Legal Analyses
    Holding that a court need not decide jurisdictional issues if it determines that a foreign tribunal is a more suitable forum for the case

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,363 times   184 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,804 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred