Stern v. Marshall

Holding that a litigant forfeited a statutory right, noting the litigant "does not explain why" the relevant "statutory limitation may not be . . . waived"

Lee v. City of L.A.

Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

Chambers v. Time Warner, Inc.

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

Van Dusen v. Barrack

Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"

D.H. v. Gottdiener

Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"

Things Remembered, Inc. v. Petrarca

Holding untimely removal is “precisely the type of removal defect contemplated by § 1447(c).”

Shamrock Oil Corp. v. Sheets

Holding that case was improperly removed: "Due regard for the rightful independence of state governments, which should actuate federal courts, requires that they scrupulously confine their own jurisdiction to the precise limits which the statute has defined."

Iragorri v. United Techs. Corp.

Holding that foreign plaintiff's forum choice given "greater deference ... to the extent that it was motivated by legitimate reasons, including the plaintiff's convenience"

Faulkner v. Beer

Holding that “if a plaintiff had not received a copy of [documents referenced in the contract], then that plaintiff's claims could not be dismissed based on warnings of risk in those documents”

In re Orion Pictures Corp.

Holding that contract issues, where one party has not violated a specific contractual clause, may not be decided as part of a motion to assume

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Section 157 - Procedures

Determining the validity, extent, or priority of liens

Section 1334 - Bankruptcy cases and proceedings

Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

Section R3211 - Motion to dismiss

Granting dismissal where a defense is based upon documentary evidence

Section 1447 - Procedure after removal generally

Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

Section 362 - Automatic stay

Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

Section 1404 - Change of venue

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

Section 1446 - Procedure for removal of civil actions

Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

Section 5701 - Appeals to appellate division from supreme and county courts

Section 1452 - Removal of claims related to bankruptcy cases

Granting removal power to any “party” in a bankruptcy case