§Why CasetextPricing

Newman v. Republic of Bulgaria

MOTION to Dismiss for Lack of Jurisdiction . Document

72 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Asahi Metal Indus. Co. Ltd. v. Superior Court

    480 U.S. 102 (1987)   Cited 4,877 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

  3. United States v. Varig Airlines

    467 U.S. 797 (1984)   Cited 1,554 times   1 Legal Analyses
    Holding that the FAA's alleged negligence in failing to check certain specific items in the course of certificating a specific aircraft as part of a spot-check program involved “calculated risks” but fell “squarely within the discretionary function exception”

  4. Argentine Republic v. Amerada Hess Shipping

    488 U.S. 428 (1989)   Cited 902 times   7 Legal Analyses
    Holding the Foreign Sovereign Immunities Act of 1976 barred ATS suits against foreign governments

  5. Saudi Arabia v. Nelson

    507 U.S. 349 (1993)   Cited 647 times   5 Legal Analyses
    Holding that the Saudi government's wrongful arrest, imprisonment, and torture of plaintiff were sovereign not commercial activities

  6. Gordon v. American Museum of Natural History

    67 N.Y.2d 836 (N.Y. 1986)   Cited 3,226 times
    Holding that the defendant was not on constructive notice because there was no evidence that the defendant or anyone else observed the dangerous condition before the plaintiff's fall

  7. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,381 times
    Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

  8. Best Van Lines v. Walker

    490 F.3d 239 (2d Cir. 2007)   Cited 736 times
    Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction

  9. Basso v. Miller

    40 N.Y.2d 233 (N.Y. 1976)   Cited 1,942 times
    Holding that under New York law, a landowner has a duty to maintain his property in a reasonably safe condition considering all of the circumstances including the likelihood and seriousness of the injury, and the burden of avoiding the risk

  10. Jazini ex rel. Jazini v. Nissan Motor Co.

    148 F.3d 181 (2d Cir. 1998)   Cited 698 times   2 Legal Analyses
    Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction

  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 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,084 times   149 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  13. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,051 times   17 Legal Analyses
    Permitting the use of declarations instead

  14. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,206 times   5 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 1605 - General exceptions to the jurisdictional immunity of a foreign state

    28 U.S.C. § 1605   Cited 1,899 times   47 Legal Analyses
    Adopting the meaning given that term in section 3 of the Torture Victim Protection Act of 1991

  16. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,647 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

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

    N.Y. CPLR 301   Cited 1,553 times
    Codifying caselaw that incorporates "doing business" standard

  18. Section 1602 - Findings and declaration of purpose

    28 U.S.C. § 1602   Cited 1,439 times   16 Legal Analyses
    Setting forth Congressional findings and the purposes of FSIA

  19. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,355 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision

  20. Section 1604 - Immunity of a foreign state from jurisdiction

    28 U.S.C. § 1604   Cited 1,110 times   9 Legal Analyses
    Granting immunity to foreign states, their agencies, and their instrumentalities