§Why CasetextPricing

Quaker Chemical Corporation v. Protectoplas Company

MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Insufficiency of Service of Process, MOTION to Transfer Venue

21 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,086 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.

  2. O'Connor v. Sandy Lane

    496 F.3d 312 (3d Cir. 2007)   Cited 1,188 times   7 Legal Analyses
    Holding a vacation company purposefully contacted Pennsylvania by mailing brochures and calling Pennsylvania residents

  3. Carteret Savings Bank, FA v. Shushan

    954 F.2d 141 (3d Cir. 1992)   Cited 996 times
    Holding that an appellate court reviewing an order of the district court dismissing a case for lack of personal jurisdiction "must accept all of the plaintiff's allegations as true and construe disputed facts in favor of plaintiff."

  4. Grand Entertainment Group v. Star Media Sales

    988 F.2d 476 (3d Cir. 1993)   Cited 885 times
    Holding that the "'person for the time being in charge' of any office or usual place of business of the defendants for purposes of Pennsylvania Rule of Civil Procedure 402 must either be an individual with some direct connection to the party to be served or one zohom the process server determines to be authorized, on the basis of her representation of authority, as evidenced by the affidavit of service"

  5. D'Jamoos v. Pilatus Aircraft

    566 F.3d 94 (3d Cir. 2009)   Cited 492 times
    Holding that transfer under this statute is appropriate where a court finds that it lacks personal jurisdiction over the defendant

  6. General Electric Co. v. Deutz AG

    270 F.3d 144 (3d Cir. 2001)   Cited 580 times   1 Legal Analyses
    Holding "communication by electronic facilities, rather than physical presence" can establish these relationships

  7. Vetrotex Certainteed v. Consolidated Fiber

    75 F.3d 147 (3d Cir. 1996)   Cited 513 times
    Holding that "whether personal jurisdiction may be exercised over an out-of-state defendant is a question of law, and this court's review is therefore plenary."

  8. Pennzoil Products Co. v. Colelli Associates

    149 F.3d 197 (3d Cir. 1998)   Cited 433 times   1 Legal Analyses
    Holding that district court may assert personal jurisdiction "over non-resident defendants to the extent permissible under the law of the state where the district court sits"

  9. Gehling v. St. George's School of Medicine, Ltd.

    773 F.2d 539 (3d Cir. 1985)   Cited 307 times
    Holding that St. George's School of Medicine, a West Indies institution, did not have a sufficient nexus to Pennsylvania to subject the school to general jurisdiction, despite the fact that St. George's advertised in national newspapers that circulated in Pennsylvania; counted Pennsylvania residents among its student body; sent school representatives to Philadelphia as part of a "media swing" intended to raise St. George's profile; and entered into an agreement with a Pennsylvania college to establish a joint international program combining pre-medical studies in Pennsylvania with medical training in Grenada

  10. Reliance Steel Products Co. v. Watson, ESS, Marshall & Enggas

    675 F.2d 587 (3d Cir. 1982)   Cited 279 times
    Holding Missouri defendant's telephone calls to, and billing of, Pennsylvania plaintiff combined with defendant's advertisement in Pennsylvania were not sufficient contacts to establish personal jurisdiction in Pennsylvania, and further noting "the referral by which [plaintiff] seeks to establish a significant business relationship between Pennsylvania and [defendant] was not only unsolicited by [defendant], but was manifested in its initial contact by a telephone call from [plaintiff] in Pennsylvania to [defendant] in Missouri

  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

  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,851 times   189 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,500 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,566 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities

  16. Section 5322 - Bases of personal jurisdiction over persons outside this Commonwealth

    42 Pa. C.S. § 5322   Cited 882 times   2 Legal Analyses
    Authorizing the exercise of personal jurisdiction to the fullest extent permitted by the U.S. Constitution