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Sonterra Capital Master Fund Ltd. et al v. UBS AG et al

MEMORANDUM OF LAW in Support re: 147 MOTION to Dismiss Defendants' Motion to Dismiss the Amended Class Action Complaint. Memorandum of Law in Support of the European Defendants' Motion to Dismiss for Lack of Personal Jurisdiction. Document

37 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,969 times   238 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,540 times   49 Legal Analyses
    Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))

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

    480 U.S. 102 (1987)   Cited 4,952 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

  4. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,744 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

  5. Robinson v. Overseas Military Sales Corp.

    21 F.3d 502 (2d Cir. 1994)   Cited 1,254 times   3 Legal Analyses
    Holding that a Bivens action “must be brought against the federal officers involved in their individual capacities”

  6. Penguin Group

    609 F.3d 30 (2d Cir. 2010)   Cited 564 times   1 Legal Analyses
    Holding that use of the internet affects situs of injury inquiry because of the "speed and ease with which the internet may allow out of state actions to cause injury"

  7. Jazini ex rel. Jazini v. Nissan Motor Co.

    148 F.3d 181 (2d Cir. 1998)   Cited 713 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. O'Neill v. Asat Trust Reg.

    714 F.3d 659 (2d Cir. 2013)   Cited 405 times   2 Legal Analyses
    Holding that "conclusory" allegations are "insufficient for specific personal jurisdiction purposes"

  9. Gucci Am., Inc. v. Bank of China

    768 F.3d 122 (2d Cir. 2014)   Cited 355 times   7 Legal Analyses
    Holding that court has no general personal jurisdiction over a bank where it "has branch offices in the forum, but is incorporated and headquartered elsewhere"

  10. Republic of Pan. v. BCCI Holdings (Lux.) S.A.

    119 F.3d 935 (11th Cir. 1997)   Cited 544 times   1 Legal Analyses
    Holding sec. 1132(e) valid unless it causes a "severe disadvantage" to defendant

  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 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1965 - Venue and process

    18 U.S.C. § 1965   Cited 755 times   2 Legal Analyses
    Providing for special RICO venue

  13. Section 200 - When foreign banking corporation may transact business in this state

    N.Y. Banking Law § 200   Cited 84 times   2 Legal Analyses

    No foreign banking corporation, other than a bank organized under the laws of the United States, shall transact in this state the business of buying, selling, paying or collecting bills of exchange, or of issuing letters of credit or of receiving money for transmission or transmitting the same by draft, check, cable or otherwise, or of making loans, or of receiving deposits, or of exercising the fiduciary powers specified in section two hundred one-b of this chapter, or transacting any part of such

  14. Section 200-B - Actions maintained against foreign banking corporation; residents; foreign corporations, foreign banking corporations as non-residents

    N.Y. Banking Law § 200-B   Cited 18 times

    1. An action or special proceeding against a foreign banking corporation may be maintained by a resident of this state for any cause of action. For purposes of this subdivision one, the term "resident of this state" shall include any corporation formed under any law of this state. 2. Except as otherwise provided in this chapter, an action or special proceeding against a foreign banking corporation may be maintained by another foreign corporation or foreign banking corporation or by a non-resident

  15. Section 7 - Payment of dividends or interest upon unclaimed deposits or shares; limitation of charges in connection with savings accounts

    N.Y. Banking Law § 7   Cited 17 times

    1. No banking organization or foreign banking corporation transacting business in this state shall discontinue the payment of dividends or interest on any deposit made with such organization or corporation, or reduce the rate at which dividends or interest is paid, solely because such deposit is inactive or unclaimed, except that payment of dividends or interest may be discontinued for the period following June thirtieth of the year in which the deposit is paid to the state comptroller pursuant to

  16. Section 36a-428g - Representative office; licensing requirements; application; fee; renewal; content of license; investigation of facts by commissioner. Foreign bank subject to regulations and orders of commissioner

    Conn. Gen. Stat. § 36a-428g

    (a) No person shall establish or maintain a representative office in this state on behalf of one or more foreign banks unless the foreign bank to be represented has first obtained a license from the commissioner. The application for such license shall be in writing under oath and shall contain the information required by and be in the form prescribed by the commissioner. Each applicant for a license shall pay to the commissioner at the time of application a nonrefundable fee of four hundred dollars