§Why CasetextPricing

USA v. Liew et al

Memorandum in Opposition

21 Cited authorities

  1. Murphy Brothers, Inc. v. Michetti Pipe Stringing

    526 U.S. 344 (1999)   Cited 2,674 times   7 Legal Analyses
    Holding that, where defendant was faxed a courtesy copy of a filed complaint, defendant's time to remove is not triggered "by mere receipt of the complaint unattended by any formal service"

  2. Doe v. Unocal Corp.

    248 F.3d 915 (9th Cir. 2001)   Cited 944 times   1 Legal Analyses
    Holding "court may consider evidence" on motion to dismiss under Rule 12(b)

  3. United Elec. Wkrs. v. 163 Pleasant St. Corp.

    960 F.2d 1080 (1st Cir. 1992)   Cited 690 times
    Holding that the Scottish company's contempt did not forfeit its right to appeal based on its "good-faith challenges" to the U.S. district court's jurisdiction over it

  4. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 514 times   4 Legal Analyses
    Holding "the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture" weighed against dismissing the action on forum non conveniens grounds

  5. Inter. Pa. v. Schwabedissen Maschinen

    206 F.3d 411 (4th Cir. 2000)   Cited 437 times   1 Legal Analyses
    Holding that a signatory to an arbitration agreement may be bound by a nonsignatory through the doctrine of equitable estoppel

  6. United States v. Debrow

    346 U.S. 374 (1953)   Cited 446 times
    Holding that an indictment tracking the wording of the perjury statute, which embodied all the essential elements of the offense, was sufficient to meet the criminal pleading standards under both Fed. R. Crim. P. 7(c) and the Court's pre-rule precedents

  7. Chan v. Society Expeditions, Inc.

    39 F.3d 1398 (9th Cir. 1994)   Cited 418 times
    Holding that the plaintiff was in the zone of danger because she was in the same raft that had overturned and thrusted a person onto rocks and killed two others

  8. Wells Fargo Co. v. Wells Fargo Exp. Co.

    556 F.2d 406 (9th Cir. 1977)   Cited 640 times   1 Legal Analyses
    Holding that questions of personal jurisdiction “must be decided on a case-by-case basis”

  9. Fallen v. United States

    378 U.S. 139 (1964)   Cited 175 times
    Concluding that under Rule 37 a "filing with the clerk of the district court" of a pro se prisoner's notice of appeal occurs when he delivers it to prison authorities for forwarding to the district court

  10. Bauman v. DaimlerChrysler Corp.

    644 F.3d 909 (9th Cir. 2011)   Cited 94 times   7 Legal Analyses
    Holding subsidiary was parent's agent for purposes of personal jurisdiction and as such jurisdiction over parent was proper

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 70,485 times   126 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

  12. Section 4 - Arrest Warrant or Summons on a Complaint

    Fed. R. Crim. P. 4   Cited 298 times   1 Legal Analyses
    Concerning arrest warrants on a complaint

  13. Section 2 - Interpretation

    Fed. R. Crim. P. 2   Cited 102 times

    These rules are to be interpreted to provide for the just determination of every criminal proceeding, to secure simplicity in procedure and fairness in administration, and to eliminate unjustifiable expense and delay. 18 APPENDIX U.S.C. § 2 As amended Apr. 29, 2002, eff. Dec. 1, 2002. NOTES OF ADVISORY COMMITTEE ON RULES-1944Compare Federal Rules of Civil Procedure [28 U.S.C., Appendix], Rule 1 (Scope of Rules), last sentence: "They [the Federal Rules of Civil Procedure] shall be construed to secure