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· 8/17/2011

Animal Science Products, Inc. v. China Minmetals Corp.

Citations

  • 654 F.3d 462
  • 2011 U.S. App. LEXIS 17046
  • 2011 WL 3606995

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a statutory requirement in the Foreign Trade Antitrust Improvements Act “does not speak in jurisdictional terms or refer in any way to the jurisdiction of the district courts,” and thus, is a substantive merits limitation rather than a jurisdictional requirement
  • overruling two Third Circuit precedents that conflicted with Supreme Court case law
  • district court is not permitted to make independent findings of fact when deciding a Rule 12(b)(6) motion
  • “[T]he import trade or commerce [exclusion] requires that the defendants’ conduct target import goods or services.”
  • “The FTAIA neither speaks in jurisdictional terms nor refers in any way to the jurisdiction of the district courts.”
  • “Assessed through the lens of Arbaugh’s ‘clearly states’ test, the FTAIA’s language must be interpreted as imposing a substantive merits limitation rather than a jurisdictional bar.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fuentes, Chagares, Pollak

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.