§Why CasetextPricing

Richards-Donald v. Teachers Insurance and Annuity Association of America-College Retirement Equities Fund

MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss Or in the Alternative. MOTION to Transfer Case.. Document

12 Cited authorities

  1. Goldlawr, Inc. v. Heiman

    369 U.S. 463 (1962)   Cited 1,803 times
    Holding that a lack of personal jurisdiction can be remedied by a transfer under § 1406

  2. APWU v. Potter

    343 F.3d 619 (2d Cir. 2003)   Cited 634 times
    Finding that “Plaintiffs fail to articulate” their need for jurisdictional discovery

  3. Daniel v. Am. Bd. of Emergency Med.

    428 F.3d 408 (2d Cir. 2005)   Cited 498 times
    Holding that plaintiffs failed to demonstrate antitrust injury where their "economic expert conceded that he had performed no analysis of the consumer effect of defendants’ purportedly anticompetitive conduct"

  4. Gulf Ins. Co. v. Glasbrenner

    417 F.3d 353 (2d Cir. 2005)   Cited 463 times   1 Legal Analyses
    Holding venue improper unless "significant events or omissions material to the plaintiff's claim . . . occurred in the district in question, even if other material events occurred elsewhere"

  5. Doctor's Associates, Inc. v. Stuart

    85 F.3d 975 (2d Cir. 1996)   Cited 219 times
    Holding that franchisee claims were arbitrable

  6. Clearasite Headwear, Inc. v. Paramount Cap Manufacturing

    204 F. Supp. 4 (S.D.N.Y. 1962)   Cited 13 times

    April 9, 1962. Irving Seidman, New York City, for plaintiff. Patterson, Eagle, Greenough Day, New York City, Ralph W. Kalish, St. Louis, Mo., of counsel, for defendant. EDELSTEIN, District Judge. This is an action for alleged patent infringement. Defendant has moved, pursuant to Rule 12(b)(3), Federal Rules of Civil Procedure, 28 U.S.C. to dismiss the complaint on the ground that plaintiff has failed to comply with the venue requirements of 28 U.S.C. § 1400 (b). Since plaintiff has chosen to submit

  7. 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 347,506 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  8. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,476 times   122 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

  9. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 37,994 times   241 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  10. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,979 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

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

    Fed. R. Civ. P. 28   Cited 18,399 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities

  12. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,225 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought