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Marvel Worldwide, Inc. et al v. Kirby et al

MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document

49 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,212 times   46 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.

  2. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,412 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  3. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,625 times   91 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  4. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,386 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

  5. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 23,009 times   110 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) )

  6. Kulko v. California Superior Court

    436 U.S. 84 (1978)   Cited 1,551 times   1 Legal Analyses
    Holding that, pertaining to mother's petition for full custody and for child support, father lacked minimum contacts with California for California court to exercise personal jurisdiction over father who resided in New York and visited California twice more than 13 years earlier, including when he married the mother on a three-day military stopover

  7. Bancroft Masters, Inc., v. Augusta National

    223 F.3d 1082 (9th Cir. 2000)   Cited 1,235 times   1 Legal Analyses
    Holding that California had personal jurisdiction over declaratory judgment defendant because of defendant's challenge to plaintiff's registration for its domain name, which challenge was filed with an agency located in Virginia but affected the plaintiff's ability to use the domain name in California

  8. Doe v. Unocal Corp.

    248 F.3d 915 (9th Cir. 2001)   Cited 949 times   1 Legal Analyses
    Holding "court may consider evidence" on motion to dismiss under Rule 12(b)

  9. Cutco Industries v. Naughton

    806 F.2d 361 (2d Cir. 1986)   Cited 888 times
    Holding that conduct of a partner in a partnership can be the basis for jurisdiction because New York law states that every partner is an agent of the partnership

  10. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 517 times   4 Legal Analyses
    Holding "the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture" weighed against dismissing the action on forum non conveniens grounds

  11. 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

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,380 times   128 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,742 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

  14. 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"

  15. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,590 times
    Codifying caselaw that incorporates "doing business" standard

  16. Section 304 - Duration of copyright: Subsisting copyrights

    17 U.S.C. § 304   Cited 188 times   12 Legal Analyses
    Extending the copyright term of works still under copyright in 1998 to 95 years

  17. Section 201.10 - Notices of termination of transfers and licenses

    37 C.F.R. § 201.10   Cited 22 times   3 Legal Analyses
    Requiring service on each grantee or successor whose rights are being terminated