Laydon v. Mizuho Bank, Ltd. et al

MEMORANDUM DECISION AND ORDER granting 310 Motion to Dismiss for Lack of Jurisdiction; granting 323 Motion to Dismiss for Lack of Jurisdiction; granting 323 Motion to Stay; granting 331 Motion to Dismiss for Lack of Jurisdiction. The Stipulating Defendants' motions to dismiss for lack of personal jurisdiction are GRANTED. Plaintiff's request for jurisdictional discovery is DENIED. Defendants Mizuho Bank, Ltd.; Mizuho Trust and Banking Co., Ltd.; Resona Bank, Ltd.; and ICAP plc are DISMISSED from this action. The Clerk of the Court is instructed to close the motions at ECF Nos. 310, 323, and 331. SO ORDERED.

29 Cited authorities

Daimler AG v. Bauman
571 U.S. 117 (2014) Cited 6,053 times 239 Legal Analyses
Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"
Walden v. Fiore
571 U.S. 277 (2014) Cited 4,616 times 49 Legal Analyses
Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))
Burger King Corp. v. Rudzewicz
471 U.S. 462 (1985) Cited 17,329 times 47 Legal Analyses
Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.
Helicopteros Nacionales de Colom. v. Hall
466 U.S. 408 (1984) Cited 9,465 times 26 Legal Analyses
Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation
World-Wide Volkswagen Corp. v. Woodson
444 U.S. 286 (1980) Cited 11,058 times 33 Legal Analyses
Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma
Asahi Metal Indus. Co. Ltd. v. Superior Court
480 U.S. 102 (1987) Cited 4,966 times 40 Legal Analyses
Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable
Calder v. Jones
465 U.S. 783 (1984) Cited 4,774 times 23 Legal Analyses
Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"
J. McIntyre Machinery, Ltd. v. Nicastro
564 U.S. 873 (2011) Cited 1,396 times 36 Legal Analyses
Holding that a metal-shearing machine manufacturer based in England that engaged an independent distributor to sell its machines across the U.S. was not subject to personal jurisdiction in New Jersey where the plaintiff was injured while using one of the company's machines
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 23,142 times 111 Legal Analyses
Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )
Shaffer v. Heitner
433 U.S. 186 (1977) Cited 3,219 times 7 Legal Analyses
Holding that, once a judgment is validly rendered against a debtor, the judgment creditor may sue to satisfy the debt with property in a state that lacks personal jurisdiction over the judgment debtor
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 361,353 times 960 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 4,362 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"

Laydon v. Mizuho Bank, Ltd. et al

29 Cited authorities

Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))

Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable

Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

Holding that a metal-shearing machine manufacturer based in England that engaged an independent distributor to sell its machines across the U.S. was not subject to personal jurisdiction in New Jersey where the plaintiff was injured while using one of the company's machines

Holding that, once a judgment is validly rendered against a debtor, the judgment creditor may sue to satisfy the debt with property in a state that lacks personal jurisdiction over the judgment debtor

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"