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Well-Made Toy M'Fg. Corporation v. Wal-Mart Stores, Inc.

Motion to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss Pursuant to the Courts Power under 28 U.S.C. § 1367

98 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,630 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  4. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,835 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

  5. Exxon Mobil Corp. v. Allapattah Services, Inc.

    545 U.S. 546 (2005)   Cited 4,169 times   10 Legal Analyses
    Holding that the supplemental jurisdiction statute permits the exercise of diversity jurisdiction over additional plaintiffs who fail to satisfy the minimum amount-in-controversy requirement, as long as the other elements of diversity jurisdiction are present and at least one named plaintiff does satisfy the amount-in-controversy requirement

  6. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 4,741 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"

  7. Newman-Green, Inc. v. Alfonzo-Larrain

    490 U.S. 826 (1989)   Cited 1,789 times   2 Legal Analyses
    Holding that, where multiple defendants "are jointly and severally liable, it cannot be argued that [one is] indispensable"

  8. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,603 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  9. Aurecchione v. Schoolman Transp. System

    426 F.3d 635 (2d Cir. 2005)   Cited 855 times   2 Legal Analyses
    Holding that a plaintiffs complaint survived Rule 12(b) dismissal where the plaintiff "made a colorable pleading of subject matter jurisdiction upon which the district court could have relied to adjudicate the complaint"

  10. Starr v. Sony BMG Music Entm't

    592 F.3d 314 (2d Cir. 2010)   Cited 560 times   4 Legal Analyses
    Holding that a plaintiff need only "alleged specific facts sufficient to plausibly suggest that the parallel conduct alleged was the result of an agreement among the defendants"

  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 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    28 U.S.C. § 1332   Cited 111,518 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"

  13. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   135 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."

  14. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,875 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"

  15. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,393 times   184 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

  16. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,860 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  17. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,355 times   174 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886

  18. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,399 times   71 Legal Analyses
    Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

  19. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,749 times   107 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  20. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,170 times   27 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"