76 Cited authorities

Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,153 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,458 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Piper Aircraft Co. v. Reyno
454 U.S. 235 (1981) Cited 4,738 times 11 Legal Analyses
Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"
Erie R. Co. v. Tompkins
304 U.S. 64 (1938) Cited 20,390 times 18 Legal Analyses
Holding that state law governs substantive issues and federal law governs procedural issues
Klaxon Co. v. Stentor Co.
313 U.S. 487 (1941) Cited 10,483 times 6 Legal Analyses
Holding that Erie doctrine applies to conflict-of-law rules
Pinter v. Dahl
486 U.S. 622 (1988) Cited 859 times 15 Legal Analyses
Holding that only a statutory "seller" may be liable under § 12 of Securities Act
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,388 times 5 Legal Analyses
Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Guaranty Trust Co. v. York
326 U.S. 99 (1945) Cited 2,323 times 1 Legal Analyses
Holding that federal courts sitting in diversity should apply state law that determines the outcome of the case
Iragorri v. United Techs. Corp.
274 F.3d 65 (2d Cir. 2001) Cited 893 times 2 Legal Analyses
Holding that foreign plaintiff's forum choice given "greater deference ... to the extent that it was motivated by legitimate reasons, including the plaintiff's convenience"
Bateman Eichler, Hill Richards, Inc. v. Berner
472 U.S. 299 (1985) Cited 366 times 2 Legal Analyses
Holding that in pari delicto would not prevent defrauded tippee from bringing suit against defrauding tipper, at least absent further inquiry into “relative culpabilities” of tippee and tipper
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 345,981 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,391 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Section 1367 - Supplemental jurisdiction
28 U.S.C. § 1367 Cited 61,786 times 78 Legal Analyses
Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
Section 157 - Procedures
28 U.S.C. § 157 Cited 51,405 times 78 Legal Analyses
Determining the validity, extent, or priority of liens
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,952 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1652 - State laws as rules of decision
28 U.S.C. § 1652 Cited 845 times
Distinguishing between application of state law in the presence of federal statute, Federal Rule of Civil Procedure enacted pursuant to the Rules Enabling Act, and judge-made federal rule whose applicability is affected by the Rules of Decision Act
Section 8106 - Actions subject to 3-year limitation
Del. Code tit. 10 § 8106 Cited 839 times 12 Legal Analyses
Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"
Section 5525 - Four year limitation
42 Pa. C.S. § 5525 Cited 449 times 1 Legal Analyses
Setting out a four year statute of limitations for contract actions in Pennsylvania
Section 366.2 - Death of person against whom action brought before expiration of limitations period
Cal. Code Civ. Proc. § 366.2 Cited 156 times 3 Legal Analyses
Providing a one-year statute of limitations for a surviving action against a deceased person and stating that the period "shall not be tolled or extended for any reason" except as specified in the statute
Section 8118 - Other savings
Del. Code tit. 10 § 8118 Cited 113 times 3 Legal Analyses
Providing that "[i]f in any action duly commenced within the [applicable statute of limitations] . . . the writ is abated, or the action otherwise avoided or defeated . . . for any matter of form . . . a new action may be commenced, for the same cause of action, at any time within one year. . . ."

Thea et al v. Kleinhandler

76 Cited authorities

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

Holding that state law governs substantive issues and federal law governs procedural issues

Holding that Erie doctrine applies to conflict-of-law rules

Holding that only a statutory "seller" may be liable under § 12 of Securities Act

Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

Holding that federal courts sitting in diversity should apply state law that determines the outcome of the case

Holding that foreign plaintiff's forum choice given "greater deference ... to the extent that it was motivated by legitimate reasons, including the plaintiff's convenience"

Holding that in pari delicto would not prevent defrauded tippee from bringing suit against defrauding tipper, at least absent further inquiry into “relative culpabilities” of tippee and tipper

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Determining the validity, extent, or priority of liens

Defining what the terms “person” and “enterprise” include

Distinguishing between application of state law in the presence of federal statute, Federal Rule of Civil Procedure enacted pursuant to the Rules Enabling Act, and judge-made federal rule whose applicability is affected by the Rules of Decision Act

Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"

Setting out a four year statute of limitations for contract actions in Pennsylvania

Providing a one-year statute of limitations for a surviving action against a deceased person and stating that the period "shall not be tolled or extended for any reason" except as specified in the statute

Providing that "[i]f in any action duly commenced within the [applicable statute of limitations] . . . the writ is abated, or the action otherwise avoided or defeated . . . for any matter of form . . . a new action may be commenced, for the same cause of action, at any time within one year. . . ."