13 Cited authorities

Emp’rs Mut. Cas. v. Bartile Roofs
618 F.3d 1153 (10th Cir. 2010) Cited 611 times
Holding that under Utah law, the policy definition of the term "suit" made the insurer's duty to defend dependent on the underlying allegations of liability
AST Sports Sci., Inc. v. CLF Distribution Ltd.
514 F.3d 1054 (10th Cir. 2008) Cited 370 times
Finding purposeful direction when the defendant distributed the forum state plaintiff’s products for seven years under an agreement the defendant had solicited, placed orders with the plaintiff by phone fax, or email, and received product shipments from the forum state
Newsome v. Gallacher
722 F.3d 1257 (10th Cir. 2013) Cited 308 times 1 Legal Analyses
Holding that an Oklahoma court had personal jurisdiction over individual defendants who had not visited the state when they breached their fiduciary duty to a subsidiary that they knew "operated exclusively" in Oklahoma
Phillips v. Seiter
173 F.3d 609 (7th Cir. 1999) Cited 433 times 1 Legal Analyses
Holding that it is appropriate for district courts to take a "peek at the merits" when deciding whether a transfer is in the interests of justice
Haugh v. Booker
210 F.3d 1147 (10th Cir. 2000) Cited 318 times 1 Legal Analyses
Holding that "a court is authorized to consider the consequences of a transfer by taking `a peek at the merits' to avoid raising false hopes and wasting judicial resources that would result from transferring a case which is clearly doomed"
Grynberg v. Ivanhoe Energy, Inc.
490 F. App'x 86 (10th Cir. 2012) Cited 123 times
Finding plaintiffs did not satisfy their burden to show they were diligent where although the evidence in question did not exist until after the order was issued, the underlying information it conveyed clearly did exist and seemingly could have been obtained sooner had plaintiffs been more diligent
Hamburger v. PFM Capital Management, Inc.
286 Ga. App. 382 (Ga. Ct. App. 2007) Cited 48 times
Holding that the record was devoid of any evidence of concealment or actual fraud on the part of the defendant when the plaintiff received regular statements, containing the information that formed the basis for her claim
Willis v. City of Atlanta
265 Ga. App. 640 (Ga. Ct. App. 2004) Cited 18 times
Holding that city employee's claim for back pay sounded in contract and was not barred by city's assertion of sovereign immunity, although grant of summary judgment in city's favor was correct for other reasons
McNeal v. Paine, Webber, Jackson Curtis
598 F.2d 888 (5th Cir. 1979) Cited 48 times
Applying Georgia's extant fraud statute, O.C.G.A. Section 105-301, 105-302
McLendon v. Goergia Kaolin Co., Inc.
782 F. Supp. 1548 (M.D. Ga. 1992) Cited 8 times
Civ. A. No. 85-338-2-MAC (WDO). January 10, 1992. Hugh C. Wood, Wood Meredith, Decatur, Ga., for plaintiffs. John B. Harris, Jr., William C. Harris, Harris Harris, Macon, Ga., for defendant. ORDER OWENS, Chief Judge. This case concerns a series of conveyances of interests in a tract of land in Wilkinson County, Georgia, from the heirs of Edward D. Smith (most of whom are represented by plaintiffs in this action) to defendant, Georgia Kaolin Company, Inc. These conveyances took place in 1969 and 1971
Rule 59 - New Trial; Altering or Amending a Judgment
Fed. R. Civ. P. 59 Cited 43,579 times 66 Legal Analyses
Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"
Section 1631 - Transfer to cure want of jurisdiction
28 U.S.C. § 1631 Cited 7,681 times 16 Legal Analyses
Granting courts authority to transfer action to court with proper jurisdiction
Section 610 - Courts defined
28 U.S.C. § 610 Cited 87 times
Defining "courts"

My24hournews.Com, Inc. v. At&T Corporation

13 Cited authorities

Holding that under Utah law, the policy definition of the term "suit" made the insurer's duty to defend dependent on the underlying allegations of liability

Finding purposeful direction when the defendant distributed the forum state plaintiff’s products for seven years under an agreement the defendant had solicited, placed orders with the plaintiff by phone fax, or email, and received product shipments from the forum state

Holding that an Oklahoma court had personal jurisdiction over individual defendants who had not visited the state when they breached their fiduciary duty to a subsidiary that they knew "operated exclusively" in Oklahoma

Holding that it is appropriate for district courts to take a "peek at the merits" when deciding whether a transfer is in the interests of justice

Holding that "a court is authorized to consider the consequences of a transfer by taking `a peek at the merits' to avoid raising false hopes and wasting judicial resources that would result from transferring a case which is clearly doomed"

Finding plaintiffs did not satisfy their burden to show they were diligent where although the evidence in question did not exist until after the order was issued, the underlying information it conveyed clearly did exist and seemingly could have been obtained sooner had plaintiffs been more diligent

Holding that the record was devoid of any evidence of concealment or actual fraud on the part of the defendant when the plaintiff received regular statements, containing the information that formed the basis for her claim

Holding that city employee's claim for back pay sounded in contract and was not barred by city's assertion of sovereign immunity, although grant of summary judgment in city's favor was correct for other reasons

Applying Georgia's extant fraud statute, O.C.G.A. Section 105-301, 105-302

Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

Granting courts authority to transfer action to court with proper jurisdiction

Defining "courts"