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T.J. Mcdermott Transportation Co., Inc. v. Cummins, Inc. et al

MOTION to Dismiss for Lack of Jurisdiction Counts 3-9

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,946 times   238 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  4. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,467 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  5. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,518 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))

  6. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,405 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  7. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,988 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) )

  8. O'Connor v. Sandy Lane

    496 F.3d 312 (3d Cir. 2007)   Cited 1,200 times   7 Legal Analyses
    Holding a vacation company purposefully contacted Pennsylvania by mailing brochures and calling Pennsylvania residents

  9. Toys “R” Us, Inc. v. Step Two, S.A.

    318 F.3d 446 (3d Cir. 2003)   Cited 1,024 times   2 Legal Analyses
    Holding that two sales initiated by the plaintiff cannot establish personal jurisdiction

  10. Carteret Savings Bank, FA v. Shushan

    954 F.2d 141 (3d Cir. 1992)   Cited 1,002 times
    Holding that an appellate court reviewing an order of the district court dismissing a case for lack of personal jurisdiction "must accept all of the plaintiff's allegations as true and construe disputed facts in favor of plaintiff."

  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 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 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

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,838 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,243 times   315 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 986 times   4 Legal Analyses
    Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"

  16. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 378 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"