Legal Opinion
EED HOLDINGS v. Palmer Johnson Acquisition Corp.
District Court, S.D. New York
Decided October 20, 2004No. 04 Civ. 0505(RWS)PublishedCited by 47 opinions
1Opinion of the Court
OPINION
SWEET, District Judge.
The defendants Palmer Johnson Acquisition Corp. (“PJAC”) and Andrew J. McKelvey (“McKelvey”) (collectively the “Defendants”) have moved under Fed. R.Civ.P. 12(b)(6) and 9(b) to dismiss the complaint of plaintiff EED Holdings (“EED”) against McKelvey and under Rule 12(b)(2), Fed.R.Civ.P., to dismiss the claim against PJAC for lack of jurisdiction, and, alternatively, under 28 U.S.C. § 1404(a) to transfer the claim to the Eastern District of Wisconsin. For the reasons set forth below, the motion to dismiss the claims against McKelvey is granted in part and denied in…
2Cases cited72 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
- Lama Holding Co. v. Smith Barney Inc.New York Court of Appeals · 1996
- Mills v. Polar Molecular Corp.Court of Appeals for the Second Circuit · 1993
67 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- NewSpin Sports, LLC v. Arrow Electronics, IncorporatCourt of Appeals for the Seventh Circuit · 2018
- Giles v. General Motors Acceptance Corp.Court of Appeals for the Ninth Circuit · 2007
- Weisblum v. Prophase Labs, Inc.District Court, S.D. New York · 2015
- In re General Motors LLC Ignition Switch LitigationDistrict Court, S.D. New York · 2017
- Henneberry v. Sumitomo Corp. of AmericaDistrict Court, S.D. New York · 2006
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