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PanTaurus LLC v. Etsy, Inc.

MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12

12 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,861 times   237 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,375 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. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,892 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) )

  4. Perkins v. Benguet Mining Co.

    342 U.S. 437 (1952)   Cited 1,831 times   4 Legal Analyses
    Holding Ohio courts could exercise general jurisdiction over a foreign corporation due to the extent and nature of the temporary operations in the state, finding such business activity was continuous and systematic

  5. Inamed Corp. v. Kuzmak

    249 F.3d 1356 (Fed. Cir. 2001)   Cited 338 times   5 Legal Analyses
    Holding that a letter alleging infringement of a California resident was "directed at" California; "the fact that [the lawyer receiving the letter] was located in New York is immaterial"

  6. Wyatt v. Kaplan

    686 F.2d 276 (5th Cir. 1982)   Cited 488 times
    Upholding court's decision not to permit depositions on motion to dismiss for lack of personal jurisdiction

  7. Deprenyl Animal Health v. Univ. of Toronto

    297 F.3d 1343 (Fed. Cir. 2002)   Cited 216 times   1 Legal Analyses
    Holding Federal Circuit law governed the issue of personal jurisdiction in a declaratory judgment action for noninfringement and invalidity

  8. Black v. Acme Markets, Inc.

    564 F.2d 681 (5th Cir. 1977)   Cited 148 times
    In Black, although the Court relied upon unrelated contacts, the anti-trust cause of action was treated analogously to one involving tortious conduct, and the defendant's conduct was alleged to have caused damage in Texas.

  9. Refco Grp. Ltd. v. Cantor Fitzgerald, L.P.

    No. 13 Civ. 1654 (RA) (S.D.N.Y. Jun. 10, 2014)   Cited 26 times
    Finding that the court lacked general jurisdiction over foreign entities despite their "ownership and management relationships" with company based in the United States

  10. GELLMAN. v. ADT SECURITY SERVICES, INC.

    CIVIL ACTION NO. 2:07-CV-0282 (E.D. Tex. Sep. 10, 2008)

    CIVIL ACTION NO. 2:07-CV-0282. September 10, 2008 MEMORANDUM OPINION AND ORDER T. WARD, District Judge Before the court is Defendant Telular Corporations Motion to Dismiss or Transfer (Dkt. No. 23) and related briefing. Defendant ADT Security Services, Inc. has joined this motion (Dkt. No. 25). The defendants request that this case be dismissed pursuant to 28 U.S.C. § 1406(a) or alternatively be transferred to the Northern District of Illinois pursuant to 28 U.S.C. § 1404(a). After carefully considering

  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 354,229 times   943 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 71,368 times   127 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