9 Cited authorities

Bank Brussels v. Fiddler Gonzalez Rodriguez
171 F.3d 779 (2d Cir. 1999) Cited 792 times
Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
Jazini ex rel. Jazini v. Nissan Motor Co.
148 F.3d 181 (2d Cir. 1998) Cited 712 times 2 Legal Analyses
Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction
Volkswagenwerk Aktiengesellschaft v. Beech
751 F.2d 117 (2d Cir. 1984) Cited 302 times 2 Legal Analyses
Finding sufficient allegations of fact under each of the four factors to demonstrate that the American subsidiary was a mere department of its foreign corporation
Chrysler Capital Corp. v. Century Power Corp.
778 F. Supp. 1260 (S.D.N.Y. 1991) Cited 177 times
Holding dismissal of unjust enrichment claim was premature, where there was a factual issue as to whether contract was fraudulently induced
Lehigh Valley Industries, Inc. v. Birenbaum
527 F.2d 87 (2d Cir. 1975) Cited 251 times
Holding that the fact that the contract was to be performed in another state was "of great[] significance"
Porter v. LSB Industries, Inc.
192 A.D.2d 205 (N.Y. App. Div. 1993) Cited 71 times
Holding that a "subsidiary will be considered a 'mere department' only if the foreign parent's control of the subsidiary is so pervasive that the corporate separation is more formal than real"
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 357,835 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
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,333 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"
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,590 times
Codifying caselaw that incorporates "doing business" standard

King County, Washington, et al v. IKB Deutsche Industriebank AG et al

9 Cited authorities

Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2

Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction

Finding sufficient allegations of fact under each of the four factors to demonstrate that the American subsidiary was a mere department of its foreign corporation

Holding dismissal of unjust enrichment claim was premature, where there was a factual issue as to whether contract was fraudulently induced

Holding that the fact that the contract was to be performed in another state was "of great[] significance"

Holding that a "subsidiary will be considered a 'mere department' only if the foreign parent's control of the subsidiary is so pervasive that the corporate separation is more formal than real"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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"

Codifying caselaw that incorporates "doing business" standard