§Why CasetextPricing

Stifel, Nicolaus & Company, Incorporated v. Firemoon Energy, Llc et al

MOTION to Dismiss for Failure to State a Claimor for Lack of Personal Jurisdiction

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,267 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  4. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 10,826 times   32 Legal Analyses
    Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

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

    480 U.S. 102 (1987)   Cited 4,872 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

  6. Keeton v. Hustler Magazine, Inc.

    465 U.S. 770 (1984)   Cited 3,024 times   7 Legal Analyses
    Holding that, because the defendant was "carrying on a part of its general business" in the state, it was fair to subject the defendant to jurisdiction for a claim arising out of that activity

  7. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,579 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) )

  8. Carefirst of Md. v. Carefirst Pregnancy

    334 F.3d 390 (4th Cir. 2003)   Cited 1,126 times
    Holding that district courts have broad discretion in resolving discovery disputes and that "[w]hen a plaintiff offers only speculation or conclusory assertions about contacts with a forum state, a court is within its discretion in denying jurisdictional discovery"

  9. ALS Scan, Inc. v. Dig. Serv. Consultants, Inc.

    293 F.3d 707 (4th Cir. 2002)   Cited 861 times   7 Legal Analyses
    Holding that a Maryland court could not exercise personal jurisdiction over a “passive” Internet service provider when that Internet service provider only enabled the tortfeasor “to create a website and send information over the Internet”

  10. Mylan Labs., Inc. v. Akzo, N.V.

    2 F.3d 56 (4th Cir. 1993)   Cited 918 times   1 Legal Analyses
    Holding the plaintiff must prove service of process if challenged

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,116 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."