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Pension Committe of the University of Montreal Pension Plan v. Citco Fund Services N.V.

MEMORANDUM OF LAW in Support re: 8 MOTION to Dismiss for Lack of Jurisdiction.. Document

40 Cited authorities

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

    480 U.S. 102 (1987)   Cited 4,868 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

  2. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,554 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) )

  3. Shaffer v. Heitner

    433 U.S. 186 (1977)   Cited 3,168 times   7 Legal Analyses
    Holding that, once a judgment is validly rendered against a debtor, the judgment creditor may sue to satisfy the debt with property in a state that lacks personal jurisdiction over the judgment debtor

  4. Milliken v. Meyer

    311 U.S. 457 (1940)   Cited 3,518 times   3 Legal Analyses
    Holding that the constitutional adequacy of an alternate method of service "is dependent on whether or not the form of substituted service provided for such cases and employed is reasonably calculated to give [the defendant] actual notice of the proceedings and an opportunity to be heard"

  5. Whitaker v. American Telecasting, Inc.

    261 F.3d 196 (2d Cir. 2001)   Cited 911 times   1 Legal Analyses
    Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."

  6. Kronisch v. U.S.

    150 F.3d 112 (2d Cir. 1998)   Cited 857 times   3 Legal Analyses
    Holding that plaintiff's "circumstantial evidence" was sufficient to "entitle him to proceed to trial."

  7. 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

  8. Ball v. Metallurgie Hoboken-Overpelt, S.A

    902 F.2d 194 (2d Cir. 1990)   Cited 884 times
    Holding that plaintiff may defeat a 12(b) motion by pleading, in good faith, legally sufficient allegations of jurisdiction

  9. Bensusan Restaurant Corporation v. King

    126 F.3d 25 (2d Cir. 1997)   Cited 513 times
    Holding that, even if the plaintiff suffered injury in New York, "that does not establish a tortious act in the state of New York within the meaning of § 302"

  10. McGowan v. Smith

    52 N.Y.2d 268 (N.Y. 1981)   Cited 599 times   2 Legal Analyses
    Holding that defendant exporter's visits to New York to conduct general marketing research did not "bear a substantial relationship" to products liability action arising from purchase of defendant's product in New York because "[w]hile these visits certainly may be characterized as `purposeful' . . . the occurrence of these visits serves merely to establish [the defendant exporter's] transitory physical presence within the State."