10 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 28,629 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,651 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Hammersmith v. TIG Insurance
480 F.3d 220 (3d Cir. 2007) Cited 419 times 1 Legal Analyses
Holding that there was no principal place of insured risk where the policy covered the insured subsidiaries in over twenty states and internationally
Berg Chilling Systems, Inc. v. Hull Corp.
435 F.3d 455 (3d Cir. 2006) Cited 264 times 1 Legal Analyses
Holding that the corporations' choice of New Jersey law to govern their asset-purchase agreement did not resolve the question of which state's de-facto-merger exception should apply
Hanover Ins. Co. v. Ryan
619 F. Supp. 2d 127 (E.D. Pa. 2007) Cited 66 times
Finding it appropriate to determine choice of law issues on a motion to dismiss where further inquiry into the facts of the case is unnecessary for resolution of the issue
McMahon v. Med. Protective Co.
92 F. Supp. 3d 367 (W.D. Pa. 2015) Cited 7 times
Adopting Ingersoll-Rand
Bolger v. United States
189 F. Supp. 237 (S.D.N.Y. 1960) Cited 22 times
In Bolger v. United States, 189 F. Supp. 237 (S.D.N.Y. 1960), aff'd 293 F.2d 368 (2d Cir. 1961), for example, the court treated as a "border search" requiring neither warrant nor arrest a factual situation where a dock worker who was not entering the United States removed a carton from a pier containing goods which had already come to rest within the United States following importation.
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,775 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,557 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,824 times 197 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Kvaerner North American Construction Inc. v. Allianz Global Risks US Insurance Company

10 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding that there was no principal place of insured risk where the policy covered the insured subsidiaries in over twenty states and internationally

Holding that the corporations' choice of New Jersey law to govern their asset-purchase agreement did not resolve the question of which state's de-facto-merger exception should apply

Finding it appropriate to determine choice of law issues on a motion to dismiss where further inquiry into the facts of the case is unnecessary for resolution of the issue

Adopting Ingersoll-Rand

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred