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Williamson v. Verizon Services Corp. et al

MEMORANDUM OF LAW in Support re: 44 MOTION to Dismiss for Lack of Jurisdiction.. Document

22 Cited authorities

  1. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,480 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  2. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,412 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  3. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 23,009 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. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,420 times
    Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

  5. NTP, Inc. v. Research in Motion, Ltd.

    418 F.3d 1282 (Fed. Cir. 2005)   Cited 463 times   16 Legal Analyses
    Holding actual use dispositive, regardless of the type of transfer

  6. Autogenomics, Inc. v. Oxford Gene Technology Ltd.

    566 F.3d 1012 (Fed. Cir. 2009)   Cited 298 times   4 Legal Analyses
    Holding defendant's attendance at three scientific conferences/trade shows in the forum state insufficient to establish personal jurisdiction

  7. Silent Drive, Inc. v. Strong Industries

    326 F.3d 1194 (Fed. Cir. 2003)   Cited 308 times   1 Legal Analyses
    Holding that "the sending of letters threatening infringement litigation is not sufficient to confer personal jurisdiction."

  8. 3D Systems, Inc. v. Aarotech Laboratories

    160 F.3d 1373 (Fed. Cir. 1998)   Cited 304 times
    Holding that Federal Circuit law applies to personal jurisdiction over state law claims where the "resolution of the patent infringement issue" would be a "significant factor" in resolving those state law claims

  9. Beacon Enterprises, Inc. v. Menzies

    715 F.2d 757 (2d Cir. 1983)   Cited 420 times
    Holding that out-of-state defendant's transmittal into New York of cease-and-desist letter to New York plaintiff for purported trademark infringement was insufficient to create jurisdiction over defendant in a New York declaratory judgment action

  10. LSI Industries Inc. v. Hubbell Lighting, Inc.

    232 F.3d 1369 (Fed. Cir. 2000)   Cited 224 times   4 Legal Analyses
    Holding that an exercise of general jurisdiction was warranted based on the defendant's sales into the forum and broad distributorship network in the forum

  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 357,835 times   950 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 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,059 times   191 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. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,654 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities

  14. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,333 times   6 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  15. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,590 times
    Codifying caselaw that incorporates "doing business" standard