TAVONE

v.

RHODE ISLAND

Citator

Cited By

• Vernon and Bonnie Rambo v. Am. S. Ins. Co., 839 F.2d 1415 (10th Cir. 1988)
  …s v. 3M Co., 107 F.R.D. 202, 205-06 (D.N.M.1984). Appellate review of district court decisions on questions of jurisdiction was explained in Behagen v. Amateur Basketball Ass’n of the United States, 744 F. 2d 731, 733 (10th Cir.1984), cert. denied, 471 U.S. 1010, 105 S.Ct. 1879, 85 L.Ed.2d 171 (1985): “The plaintiff bears the burden of establishing personal jurisdiction over the defendant. Prior to trial, however, when a motion to dismiss for lack of jurisdiction is decided on the basis of affidavits and o…
• TEN Mile Indus. Park v. W. Plains Serv. Corp., 810 F.2d 1518 (10th Cir. 1987)
  …dismiss for lack of jurisdiction is decided on the basis of affidavits and other written materials, the plaintiff need only make a prima facie showing.” Behagen v. Amateur Basketball Ass’n of U.S.A., 744 F. 2d 731, 733 (10th Cir.1984), cert. denied, 471 U.S. 1010, 105 S.Ct. 1879, 85 L.Ed.2d 171 (1985). In ascertaining the facts necessary to establish jurisdiction, the district court must accept as true the allegations set forth in the complaint to the extent they are uncontroverted by defendant’s affidavits…
• Donatelli v. Nat'l Hockey League, 893 F.2d 459 (1st Cir. 1990)
  …doing business for venue purposes in a district where a member team played its "home” games under a schedule prepared by the league. Id. at 622. In the final case, Beha-gen v. Amateur Basketball Ass’n, 744 F. 2d 731 (10th Cir.1984), cert. denied, 471 U.S. 1010, 105 S.Ct. 1879, 85 L.Ed.2d 171 (1985), a divided panel of the Tenth Circuit remanded for further findings. The majority ruled that if the league was a shell, possessing no separate institutional or functional significance and "act[ing] only through…