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von Brugger v. Jani King of Minnesota Inc

MEMORANDUM in Support re MOTION to Transfer/Change Venue

35 Cited authorities

  1. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 10,883 times   32 Legal Analyses
    Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

  2. Stewart Org., Inc. v. Ricoh Corp.

    487 U.S. 22 (1988)   Cited 4,898 times   12 Legal Analyses
    Holding that federal law determines the validity of a forum selection clause

  3. Keeton v. Hustler Magazine, Inc.

    465 U.S. 770 (1984)   Cited 3,048 times   7 Legal Analyses
    Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"

  4. Van Dusen v. Barrack

    376 U.S. 612 (1964)   Cited 4,647 times   7 Legal Analyses
    Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"

  5. Frank v. U.S. West, Inc.

    3 F.3d 1357 (10th Cir. 1993)   Cited 1,670 times
    Holding that parent liable for subsidiary's discrimination only when the two are integrated enterprises

  6. In re Genentech, Inc.

    566 F.3d 1338 (Fed. Cir. 2009)   Cited 801 times   11 Legal Analyses
    Holding that relevant evidence in patent cases often comes from the accused infringer and may weigh in favor of transfer to that location

  7. Terra Intern., Inc. v. Miss. Chem. Corp.

    119 F.3d 688 (8th Cir. 1997)   Cited 861 times   1 Legal Analyses
    Holding that strategic or artfully drawn pleadings . . . will not work to circumvent an otherwise applicable forum selection clause," and that such a clause may apply to tort or other non-contract claims where such claims depend on the existence of a contractual relationship, relate to interpretation of the contract, or involve the same operative facts as a parallel breach of contract claim

  8. Koster v. Lumbermens Mutual Co.

    330 U.S. 518 (1947)   Cited 1,166 times   1 Legal Analyses
    Holding that when the plaintiff has chosen his home forum, he should not be deprived of it absent a "clear showing" of either "oppressiveness and vexation" or evidence that the chosen forum is "inappropriate"

  9. Coffey v. Van Dorn Iron Works

    796 F.2d 217 (7th Cir. 1986)   Cited 1,101 times
    Holding that a decision to transfer venue under § 1404 relies heavily on consideration of the interests of justice, which "may be determinative in a particular case, even if the convenience of the parties and witnesses might call for a different result."

  10. Hickton v. Enter. Holdings, Inc. (In re Enter. Rent–A–Car Wage & Hour Emp't Practices Litig.)

    683 F.3d 462 (3d Cir. 2012)   Cited 214 times   7 Legal Analyses
    Holding an alleged employer must exercise "significant control" to be considered a joint employer under the FLSA

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 112,171 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"

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,083 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,549 times   186 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

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,081 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Section 201 - Short title

    29 U.S.C. § 201   Cited 21,034 times   104 Legal Analyses
    Setting fourteen as the minimum age for most non-agricultural work

  16. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,481 times   141 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”