· 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 CourtListenerSourced 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.