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Pro Marketing Sales, Inc. v. Cyber Solutions International, Llc et al

REPLY BRIEF re MOTION to Dismiss Renewed

17 Cited authorities

  1. Aetna Life Ins. Co. v. Haworth

    300 U.S. 227 (1937)   Cited 3,447 times   1 Legal Analyses
    Holding that a request for a declaratory judgment regarding an insured's disability was justiciable

  2. Diamond Crystal Brands v. Food Movers Intern

    593 F.3d 1249 (11th Cir. 2010)   Cited 429 times   3 Legal Analyses
    Finding specific jurisdiction when the non-forum defendant "purposefully engag[ed] in fourteen such transactions in just six months," thus establishing "a substantial and ongoing relationship with a Georgia manufacturer"

  3. Innovative Clinical v. First National Bank

    279 Ga. 672 (Ga. 2005)   Cited 164 times   1 Legal Analyses
    Holding that subsection must be read and applied literally

  4. Moore v. Mylan Inc.

    840 F. Supp. 2d 1337 (N.D. Ga. 2012)   Cited 29 times   3 Legal Analyses
    Finding Rule 9(b) not met in action against drug manufacturer where plaintiff did not provide facts about time, location, substance, and method of communication of defendant's allegedly fraudulent statements or omissions or about how decedent relied on statements and omissions

  5. Cyber Solutions International, LLC v. Pro Marketing Sales, Inc.

    634 F. App'x 557 (6th Cir. 2016)   Cited 14 times

    No. 15-1359 01-11-2016 Cyber Solutions International, LLC, Plaintiff-Appellant, v. Pro Marketing Sales, Inc., Defendant-Appellee. RONALD LEE GILMAN, Circuit Judge. NOT RECOMMENDED FOR PUBLICATION File Name: 16a0018n.06 ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN OPINION BEFORE: MOORE, CLAY, and GILMAN, Circuit Judges. RONALD LEE GILMAN, Circuit Judge. This case involves a dispute between two competing lenders as to which one is entitled to a microchip encryption

  6. Kason Indus., Inc. v. Dent Design Hardware, Ltd.

    952 F. Supp. 2d 1334 (N.D. Ga. 2013)   Cited 11 times
    Denying jurisdictional discovery “on a mere ‘hunch that there may be facts—or a desire to find out if there are any facts—that justify the exercise of personal jurisdiction.’ ” (quoting Atlantis Hydroponics, 915 F.Supp.2d at 1379–80)

  7. Howell v. Martin Financial, LLC (In re Martin)

    532 B.R. 859 (Bankr. N.D. Ga. 2015)   Cited 2 times
    Concluding that potentially citing the wrong code section was not a problem, as the plaintiff would be able to amend his complaint if the court ultimately determined that he had cited to the wrong code section

  8. Peterson v. Aaron's, Inc.

    108 F. Supp. 3d 1352 (N.D. Ga. 2015)   Cited 2 times
    In Peterson, this Court held that the plaintiffs could not assert a claim under the GCSPA because none of the alleged injuries or illegal conduct occurred in Georgia.

  9. Cyber Sols. Int'l, LLC v. Priva Sec. Corp.

    File No. 1:13-CV-867 (W.D. Mich. Jun. 28, 2016)   Cited 1 times

    File No. 1:13-CV-867 06-28-2016 CYBER SOLUTIONS INTERNATIONAL, LLC, Plaintiff, v. PRIVA SECURITY CORPORATION et al., Defendants. HON. ROBERT HOLMES BELL OPINION Plaintiff Cyber Solutions International, LLC ("Cyber Solutions") brought this action against Defendants Pro Marketing Sales, Inc. ("Pro Marketing"), Priva Technologies, Inc. ("Priva"), and Priva Security Corporation. Pro Marketing subsequently filed a counterclaim against Cyber Solutions. On February 26, 2015, this Court awarded judgment

  10. Fed. Deposit Ins. Corp. v. Loudermilk

    984 F. Supp. 2d 1354 (N.D. Ga. 2013)   Cited 1 times

    Civil Action No. 1:12–CV–4156–TWT. 2013-11-25 FEDERAL DEPOSIT INSURANCE CORPORATION as receiver for The Buckhead Community Bank, Plaintiff, v. R. Charles LOUDERMILK, Sr., et al., Defendants. Ellis A. Sharp, Stokes, Williams, Sharp & Davies, Knoxville, TN, Charles B. Lee, Laura Elisabeth Ashby, Michael Paul Kohler, Miller & Martin, PLLC, Atlanta, GA, for Plaintiff. Elizabeth Gingold Greenman, Robert R. Long, IV, Alston & Bird, LLP, Atlanta, GA, for Defendants. THOMAS W. THRASH Ellis A. Sharp, Stokes

  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 345,449 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. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,889 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 21,993 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  14. Section 18-2-71 - Definitions

    Ga. Code § 18-2-71   Cited 54 times
    Dictating that "insider" includes the debtor's relatives, general partners and general partners' relatives, general partnerships, and corporations of which the debtor is in control