§Why CasetextPricing

Western and Southern Life Insurance Company et al v. Countrywide Financial Corp. et al

MEMORANDUM in Support of MOTION to Dismiss Case and Joinder in Other Defendants' Motions to Dismiss 154

58 Cited authorities

  1. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,375 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  2. Keeton v. Hustler Magazine, Inc.

    465 U.S. 770 (1984)   Cited 3,081 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"

  3. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,892 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) )

  4. Merck Co. v. Reynolds

    559 U.S. 633 (2010)   Cited 673 times   19 Legal Analyses
    Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely

  5. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,141 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  6. Schwarzenegger v. Fred Martin Motor Co.

    374 F.3d 797 (9th Cir. 2004)   Cited 2,748 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"

  7. Crown, Cork Seal Co. v. Parker

    462 U.S. 345 (1983)   Cited 1,114 times   54 Legal Analyses
    Holding that the timely filing of a purported class action suit tolls the statute of limitations for putative class members who seek to either intervene in the suit or file their own individual lawsuits after class action certification has been denied

  8. Pebble Beach Co. v. Caddy

    453 F.3d 1151 (9th Cir. 2006)   Cited 1,058 times   2 Legal Analyses
    Holding that a district court "need not permit even limited discovery" where a "plaintiff's claim of personal jurisdiction appears to be both attenuated and based on bare allegations in the face of specific denials made by the defendants"

  9. Harris Rutsky Co. v. Bell Clements

    328 F.3d 1122 (9th Cir. 2003)   Cited 832 times   1 Legal Analyses
    Holding that "100% control through stock ownership" and "shar[ing] the same offices . . . and some of the same staff" did not make one company the alter ego of the other

  10. Data Disc, Inc. v. Sys. Tech. Assoc., Inc.

    557 F.2d 1280 (9th Cir. 1977)   Cited 1,719 times
    Holding that a court "may not assume the truth of allegations in a pleading which are contradicted by affidavit"

  11. Section 1407 - Multidistrict litigation

    28 U.S.C. § 1407   Cited 7,099 times   106 Legal Analyses
    Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

  12. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. C.P.L.R. § 214   Cited 5,484 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  13. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,398 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  14. Section 26 - Injunctive relief for private parties; exception; costs

    15 U.S.C. § 26   Cited 1,469 times   2 Legal Analyses
    Authorizing injunctive relief against "threatened loss or damage by a violation of the antitrust laws"

  15. Section 77m - Limitation of actions

    15 U.S.C. § 77m   Cited 959 times   29 Legal Analyses
    Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

  16. Section 2307.382 - Personal jurisdiction

    Ohio Rev. Code § 2307.382   Cited 593 times
    Enumerating bases for specific jurisdiction over a non-resident defendant, e.g., transacting any business in the state or causing tortious injury in the state

  17. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 589 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

  18. Section 95 - Limitation of other actions

    Okla. Stat. tit. 12 § 95   Cited 540 times   1 Legal Analyses
    Imposing a two-year limitations period for "an action for injury to the rights of another, not arising on contract"

  19. Section 1707.43 - Remedies of purchaser in unlawful sale

    Ohio Rev. Code § 1707.43   Cited 159 times   2 Legal Analyses
    Providing that every "participant" in the sale of unregistered securities is jointly and severally liable to the defrauded purchaser

  20. Section 2923.34 - Civil proceeding seeking relief from any person whose conduct constitutes corrupt activity

    Ohio Rev. Code § 2923.34   Cited 122 times
    Authorizing civil claim for relief against any person who violates or conspires to violate section 2923.32