· 12/5/1986
Bally Export Corporation, a Delaware Corporation v. Balicar, Ltd., a Foreign Corporation, and Juliano Internacional S.A., a Foreign Corporation
Citations
- 804 F.2d 398
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding defen- dants had burden to prove court lacked jurisdiction due to insufficient service of process and pursuant to Illinois long- arm statute
- noting that court abused discretion in not addressing personal jurisdiction claim
- “[A] motion for reconsideration is an improper vehicle to . . . tender new legal theories.”
- \[A] motion for reconsideration is an improper vehicle to . . . tender new legal theories.\
- in post-judgment challenge to jurisdiction under Rule 60(b)(4), burden of proof is on defendant who has received notice of an action to show that issuing court did not have jurisdiction
- \[I]f the district court in the underlying action had no jurisdiction over the defendants it was a per se abuse of discretion to deny the defendants' rule 60(b)(4) motion.\
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Coffey, Swygert
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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