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West Palm Beach Police Pension Fund v. Cardionet, Inc. et al

RESPONSE in Opposition re MOTION for Change Venue Notice of Defendants' Joint Motion to Transfer the Action to the Eastern District of Pennsylvania Pursuant to 28 U.S.C. sec. 1404

39 Cited authorities

  1. Lowdermilk v. U.S. Bank

    479 F.3d 994 (9th Cir. 2007)   Cited 788 times   32 Legal Analyses
    Holding that damage waivers were valid and effective unless the defendant could prove to a "legal certainty" that damages exceeded $5,000,000

  2. Decker Coal Co. v. Commonwealth Edison Co.

    805 F.2d 834 (9th Cir. 1986)   Cited 1,349 times
    Holding that moving party must make strong showing of inconvenience to warrant upsetting Plaintiff's choice of forum

  3. Sparling v. Hoffman Const. Co., Inc.

    864 F.2d 635 (9th Cir. 1988)   Cited 1,223 times   1 Legal Analyses
    Holding that creditor lacks RICO standing unless he shows injury other than that shown by shareholders

  4. Moses v. Business Card Exp., Inc.

    929 F.2d 1131 (6th Cir. 1991)   Cited 590 times
    Holding that a "court should consider the private interests of the parties, including their convenience and the convenience of potential witnesses, as well as other public-interest concerns, such as systemic integrity and fairness, which come under the rubric of 'interests of justice.' "

  5. Luther v. Countrywide Home

    533 F.3d 1031 (9th Cir. 2008)   Cited 341 times   7 Legal Analyses
    Holding that Securities Act claims are not removable under CAFA

  6. Scheidt v. Klein

    956 F.2d 963 (10th Cir. 1992)   Cited 564 times
    Holding Oklahoma federal court applying Florida breach of contract law "not a significant concern"

  7. Proctor v. Vishay Inter

    584 F.3d 1208 (9th Cir. 2009)   Cited 322 times   1 Legal Analyses
    Holding that "SLUSA does not require the dismissal of all non-precluded claims appearing in the same complaint as a precluded claim"

  8. Good v. Prudential Ins. Co. of America

    5 F. Supp. 2d 804 (N.D. Cal. 1998)   Cited 266 times
    Finding fraudulent joinder of insurance agent-defendant because "under settled California law . . . an insurance agent acting within the course and scope of his employment cannot be held liable for damages resulting from a negligent failure to insure."

  9. Sinochem Int'l Co. v. Malaysia Int'l Shipping Corp.

    549 U.S. 422 (2007)   Cited 41 times   1 Legal Analyses
    Holding that a court need not decide jurisdictional issues if it determines that a foreign tribunal is a more suitable forum for the case

  10. Pilates, Inc. v. Pilates Inst., Inc.

    891 F. Supp. 175 (S.D.N.Y. 1995)   Cited 152 times
    Holding that venue was proper because "defendant targeted New York through advertising, and . . . direct-mail solicitation"

  11. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 33,726 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  12. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,373 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

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,465 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  15. Section 77v - Jurisdiction of offenses and suits

    15 U.S.C. § 77v   Cited 1,051 times   28 Legal Analyses
    Granting "concurrent" jurisdiction