Amendments to 292

1. Burger King Corp. v. Rudzewicz

   471 U.S. 462 (1985)   Cited 15,883 times   45 Legal Analyses

   2 more...

   Once it has been decided that a defendant purposefully established minimum contacts within the forum State, these contacts may be considered in light of other factors to determine whether the assertion of personal jurisdiction would comport with "fair play and substantial justice." International Shoe Co. v. Washington, 326 U.S., at 320. Thus courts in "appropriate case[s]" may evaluate "the burden on the defendant," "the forum State's interest in adjudicating the dispute," "the plaintiff's interest in obtaining convenient and effective relief," "the interstate judicial system's interest in obtaining the most efficient resolution of controversies," and the "shared interest of the several States in furthering fundamental substantive social policies." World-Wide Volkswagen Corp. v. Woodson, 444 U.S., at 292. These considerations sometimes serve to establish the reasonableness of jurisdiction upon a lesser showing of minimum contacts than would otherwise be required. See, e. g., Keeton v. Hustler Magazine, Inc., supra, at 780; Calder v. Jones, supra, at 788-789; McGee v. International Life Insurance Co., supra, at 223-224. On the other hand, where a defendant who…

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2. Demore v. Kim

   538 U.S. 510 (2003)   Cited 1,585 times   13 Legal Analyses

   5 more...

   The Court has failed to distinguish Zadvydas in any way that matters. It does no better in its effort to portray its result in this case as controlled by Carlson v. Landon, 342 U.S. 524 (1952), and Reno v. Flores, 507 U.S. 292 (1993).

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3. People v. Jackson

   292 Mich. App. 583 (Mich. Ct. App. 2011)   Cited 528 times

   • Motion to dismiss

   [292 Mich.App. 585] Defendant was convicted by a jury of first-degree premeditated murder, MCL 750.316(1)(a), conspiracy to commit murder, MCL 750.157a, assault with intent to commit murder, MCL 750.83, and possession [292 Mich.App. 586] of a firearm during the commission of a felony, MCL 750.227b. He was sentenced to life in prison for the first-degree murder and conspiracy convictions and 225 months to 40 years' imprisonment for the assault conviction, with those sentences to be served concurrently but consecutively to a two-year term of imprisonment for the felony-firearm conviction. He appeals as of right. We affirm. I. FACTUAL BACKGROUND

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4. Katchen v. Landy

   382 U.S. 323 (1966)   Cited 1,148 times   2 Legal Analyses

   When Congress enacted general revisions of the bankruptcy laws in 1898 and 1938, it gave "special attention to the subject of making [the bankruptcy laws] inexpensive in [their] administration." H.R. Rep. No. 1228, 54th Cong., 1st Sess., p. 2; H.R. Rep. No. 1409, 75th Cong., 1st Sess., p. 2; S. Rep. No. 1916, 75th Cong., 3d Sess., p. 2. Moreover, this Court has long recognized that a chief purpose of the bankruptcy laws is "to secure a prompt and effectual administration and settlement of the estate of all bankrupts within a limited period," Ex parte Christy, 3 How. 292, 312, and that provision for summary disposition, "without regard to usual modes of trial attended by some necessary delay," is one of the means chosen by Congress to effectuate that purpose, Bailey v. Glover, 21 Wall. 342, 346. See generally Wiswall v. Campbell, 93 U.S. 347, 350-351; U.S. Fidelity Co. v. Bray, 225 U.S. 205, 218.

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5. Mattel Inc. v. Walking Mountain Productions

   353 F.3d 792 (9th Cir. 2003)   Cited 395 times   5 Legal Analyses

   • Motion for summary judgment
   • Motion to dismiss
   6 more...

   Cairns, 292 F.3d at 1151 (quoting New Kids on the Block, 971 F.2d at 308).

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6. Forest Group, Inc. v. Bon Tool Co.

   590 F.3d 1295 (Fed. Cir. 2009)   Cited 128 times   14 Legal Analyses

   • Motion for summary judgment
   2 more...

   Recognizing that a single $500 fine for false marking on many occasions "would eviscerate the statute," a number of courts adopted a time-based approach to § 292. Icon Health Fitness, Inc. v. Nautilus Group, Inc., No. 1:02 CV 109 TC, 2006 WL 753002, at *16 (D.Utah Mar. 23, 2006) (imposing a penalty for each week that false marking occurred); see also Brose v. Sears, Roebuck Co., 455 F.2d 763, 766 n. 4 (5th Cir. 1972) (noting that a court could limit the fine to each day, week, or month the articles were produced); Krieger v. Colby, 106 F.Supp. 124, 131 (S.D.Cal. 1952) (concluding that each day products were falsely marked constituted a separate offense). These cases fall in line with several early false marking cases, in which penalties were imposed for each day that products were falsely marked. See, e.g., Hoyt v. Computing Scale Co., 96 F. 250, 251 (S.D.Ohio 1899); Hotchkiss v. Samuel Cupples Wooden-Ware Co., 53 F. 1018, 1021 (E.D.Mo. 1891). Although these time-based penalties were creative attempts to reconcile the statute's language with opinions such as London, this time-based approach does not find support in the plain language of § 292. Section…

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7. Aryeh v. Canon Business Solutions, Inc.

   55 Cal.4th 1185 (Cal. 2013)   Cited 606 times   2 Legal Analyses

   • Motion to dismiss
   4 more...

   These last two exceptions, the continuing violation doctrine and the theory of continuous accrual, are branches of the principles that apply to continuing wrongs. We discuss them in more depth below. (See post, 151 Cal.Rptr.3d at pp. 836–839, 292 P.3d at pp. 879–881.)

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8. Baumeister v. Plunkett

   673 So. 2d 994 (La. 1996)   Cited 201 times

   The court of appeal in LeBrane concluded that at the time of the stabbing, the dispute was a purely personal matter. 280 So.2d 572, 580 (La.App. 1st Cir. 1973), modified by, 292 So.2d at 216. This Court, however, reversed, finding the dispute was "primarily employment-rooted." LeBrane, 292 So.2d at 218. The fight was reasonably incidental to the performance of the supervisor's duties in connection with firing the recalcitrant employee and removing him from the business premises. Id. "It occurred on the employment premises and during the hours of employment." Id.

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9. In re BP Lubricants USA Inc.

   637 F.3d 1307 (Fed. Cir. 2011)   Cited 106 times   1 Legal Analyses

   • Motion to dismiss
   2 more...

   We see no sound reason to treat § 292 actions any differently. Like the False Claims Act, § 292 condemns fraudulent or false marking. Rule 9(b)'s gatekeeping function is also necessary to assure that only viable § 292 claims reach discovery and adjudication. Permitting a false marking complaint to proceed without meeting the particularity requirement of Rule 9(b) would sanction discovery and adjudication for claims that do little more than speculate that the defendant engaged in more than negligent action.

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10. Clontech Laboratories v. Invitrogen Corp.

    406 F.3d 1347 (Fed. Cir. 2005)   Cited 126 times   3 Legal Analyses

    35 U.S.C. § 292(a) (2000).

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