46 Cited authorities

Daimler AG v. Bauman
571 U.S. 117 (2014) Cited 5,954 times 238 Legal Analyses
Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"
Griggs v. Provident Consumer Discount Co.
459 U.S. 56 (1982) Cited 3,305 times 21 Legal Analyses
Holding that the filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal"
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 23,009 times 110 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) )
Burnett v. N.Y. Cent. R. Co.
380 U.S. 424 (1965) Cited 1,024 times
Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"
Fischbarg v. Doucet
2007 N.Y. Slip Op. 9962 (N.Y. 2007) Cited 571 times 3 Legal Analyses
Holding that defendants' calls and emails to plaintiff in New York were transactions giving rise to the cause of action
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"
Wm. Passalacqua Builders v. Resnick Developers
933 F.2d 131 (2d Cir. 1991) Cited 657 times 1 Legal Analyses
Holding that attachment suits are actions at law for Seventh Amendment purposes because they primarily seek money damages
Wade v. Danek Medical
182 F.3d 281 (4th Cir. 1999) Cited 268 times 1 Legal Analyses
Holding that "in any case in which a state statute of limitations applies . . . the state's accompanying rule regarding equitable tolling should also apply"
Longines-Wittnauer v. Barnes Reinecke
15 N.Y.2d 443 (N.Y. 1965) Cited 735 times
Holding that minor activities, taken cumulatively, may meet statutory standard
Lead Indus. Ass'n, Inc. v. Occupational Safety & Health Admin.
610 F.2d 70 (2d Cir. 1979) Cited 381 times
Holding that disclosure of draft information not appearing in final version of document was improper because "omission reveals an agency deliberative process: for some reason, the agency decided not to rely on that fact or argument after having been invited to do so"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,380 times 128 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
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 29,059 times 191 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
Section 1406 - Cure or waiver of defects
28 U.S.C. § 1406 Cited 14,716 times 55 Legal Analyses
Recognizing that transfer is proper to any district or division in which the action could have been brought
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,333 times 6 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,590 times
Codifying caselaw that incorporates "doing business" standard
Section 1-52 - Three years
N.C. Gen. Stat. § 1-52 Cited 1,092 times 16 Legal Analyses
Applying a three-year statute of limitations to an action "[u]pon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections"
Section 1304 - Application for authority; contents
N.Y. Bus. Corp. Law § 1304 Cited 83 times 2 Legal Analyses
Requiring a foreign corporation to designate the Secretary of State "as its agent upon whom process against it may be served," in order to do business in the state
Section 1-53 - Two years
N.C. Gen. Stat. § 1-53 Cited 71 times 1 Legal Analyses
Stating a plaintiff must file an action within two years when the claim is "against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied"

Thackurdeen, et Al. v. Duke University, et Al.

46 Cited authorities

Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

Holding that the filing of a notice of appeal "confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal"

Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"

Holding that defendants' calls and emails to plaintiff in New York were transactions giving rise to the cause of action

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"

Holding that attachment suits are actions at law for Seventh Amendment purposes because they primarily seek money damages

Holding that "in any case in which a state statute of limitations applies . . . the state's accompanying rule regarding equitable tolling should also apply"

Holding that minor activities, taken cumulatively, may meet statutory standard

Holding that disclosure of draft information not appearing in final version of document was improper because "omission reveals an agency deliberative process: for some reason, the agency decided not to rely on that fact or argument after having been invited to do so"

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

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

Recognizing that transfer is proper to any district or division in which the action could have been brought

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Codifying caselaw that incorporates "doing business" standard

Applying a three-year statute of limitations to an action "[u]pon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections"

Requiring a foreign corporation to designate the Secretary of State "as its agent upon whom process against it may be served," in order to do business in the state

Stating a plaintiff must file an action within two years when the claim is "against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied"