Mega Media Holdings, Inc. v. Aerco Broadcasting Corp.

How courts have described this case

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

• adopting the same definition under both Fed. R. Civ. P. 4 and New York C.P.L.R. § 311
• noting Rule 4 and New York C.P.L.R. 311 are based on the same language and “it is therefore appropriate to construe their provisions in pari materia”
• “‘Managing or general agent’ is a term of art with a narrower meaning than just ‘agent.’ This narrower construction is consistent with the other listed categories of authorized persons to receive service, such as officers and directors.”
• “When venue is improper, it is within the Court’s discretion to either dismiss the case or transfer it to a proper venue under 28 U.S.C. § 1406.”
• “In other words, a ‘managing or general agent’ is ‘one who operates at [the organization’s] highest levels, or . . . has overall authority to make high-level decisions on the part of the enterprise.’”
• “[T]he phrase ‘managing or general agent’ does not refer to any agent of the corporation, but one who operates at its highest levels, or at least has overall authority to make high-level decisions on the part of the enterprise.”

Source: CourtListener parenthetical corpus (CC0).