§Why CasetextPricing

Tv Ears, Inc. v. Syk Group, Llc et al

MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim

35 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. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,188 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  6. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,732 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"

  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. Schwarzenegger v. Fred Martin Motor Co.

    374 F.3d 797 (9th Cir. 2004)   Cited 2,782 times   1 Legal Analyses
    Holding that, in the tort context, "[t]he `express aiming' analysis depends, to a significant degree, on the specific type of tort or other wrongful conduct at issue"

  9. Boschetto v. Hansing

    539 F.3d 1011 (9th Cir. 2008)   Cited 1,238 times   1 Legal Analyses
    Holding that "the lone transaction for the sale of one item" did not create personal jurisdiction over the defendants in California because there were no allegations that the seller was a regular user of eBay to sell cars or "as a broader vehicle for commercial activity"

  10. Perkins v. Benguet Mining Co.

    342 U.S. 437 (1952)   Cited 1,835 times   4 Legal Analyses
    Holding Ohio courts could exercise general jurisdiction over a foreign corporation due to the extent and nature of the temporary operations in the state, finding such business activity was continuous and systematic

  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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. 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

  14. Section 17200 - Unfair competition defined

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

  15. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,629 times   325 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  16. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 5,068 times   149 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

  17. Section 410.10 - Generally

    Cal. Code Civ. Proc. § 410.10   Cited 1,366 times   1 Legal Analyses
    Allowing for jurisdiction over non-residents coextensive with due process requirements