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Novel Laboratories, Inc. v. Gator Pharmaceuticals, Inc. et al

MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, Improper Venue

20 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,618 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,204 times   86 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,301 times   49 Legal Analyses
    Holding that “the mere fact that [defendant's] conduct affected plaintiffs with connections to the forum State does not suffice to authorize jurisdiction.”

  4. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,825 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.

  5. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,590 times   109 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. Goldlawr, Inc. v. Heiman

    369 U.S. 463 (1962)   Cited 1,798 times
    Holding that a lack of personal jurisdiction can be remedied by a transfer under § 1406

  7. O'Connor v. Sandy Lane

    496 F.3d 312 (3d Cir. 2007)   Cited 1,133 times   7 Legal Analyses
    Holding a vacation company purposefully contacted Pennsylvania by mailing brochures and calling Pennsylvania residents

  8. IMO Industries, Inc. v. Kiekert AG

    155 F.3d 254 (3d Cir. 1998)   Cited 1,030 times   1 Legal Analyses
    Holding that minimum contacts do not exist in an intentional tort case unless the defendant " expressly aimed its tortious conduct at the forum"; the mere fact that the harm caused by the defendant was primarily felt in the forum because the plaintiff resided there is not enough

  9. Mellon Bank (East) PSFS, National Ass'n v. Farino

    960 F.2d 1217 (3d Cir. 1992)   Cited 1,123 times
    Holding that plaintiff's right to conduct jurisdictional discovery should be sustained when factual allegations suggest the possible existence of requisite contacts between the defendant and the forum state with "reasonable particularity"

  10. State, Dept. of Environ. Protect. v. Ventron Corp.

    94 N.J. 473 (N.J. 1983)   Cited 569 times   8 Legal Analyses
    Holding that "simply dumping [a hazardous substance] onto land or into water" is an abnormally dangerous activity

  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 345,982 times   922 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 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,824 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,144 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought