Richard Stone v. Chung Pei Chem. Indus. Co. Ltd & Taiwan Hi Dap Corp., 790 F.2d 20 (2d Cir. 1986). · Go Syfert
Richard Stone v. Chung Pei Chem. Indus. Co. Ltd & Taiwan Hi Dap Corp., 790 F.2d 20 (2d Cir. 1986). Cases Citing This Book View Copy Cite
“pro se litigants in the ordinary civil case should not be treated more 21 favorably than parties with attorneys of record.”
26 citation events (7 in the last 25 years) across 8 distinct courts.
Strongest positive: United States v. Bayley (wawd, 2023-04-26)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) United States v. Bayley
W.D. Wash. · 2023 · signal: see also · quote attribution · 1 verbatim quote · confidence high
pro se litigants in the ordinary civil case should not be treated more 21 favorably than parties with attorneys of record.
discussed Cited as authority (rule) (PC) Howard v. Parks
E.D. Cal. · 2024 · confidence medium
Costlow v. Weeks, 790 F.2d 20 1486, 1488 (9th Cir. 1986). 28 U.S.C. § 1391 , which governs venue for civil actions filed in the 21 federal courts, provides that an action may be brought in: 22 (1) a judicial district in which any defendant resides, if all defendants are residents of the 23 State in which the district is located; (2) a judicial district in which a substantial part of the events or omissions giving rise to 24 the claim occurred, or a substantial part of property that is the subject of the action is situated; or 25 (3) if there is no district in which an action may otherwise be …
discussed Cited as authority (rule) Dissent - North Sails Group, LLC v. Boards & More GMBH
Conn. · 2021 · confidence medium
Cir. July 21, 1997) (decision without published opinion, 124 F.3d 1309 ) (similar); PDK Labs, Inc. v. Friedlander, 103 F.3d 1105, 1109 (2d Cir. 1997) (‘‘[the plaintiff’s] allegations—uncontested in material part— regarding [the defendant’s] actions satisfy its prima facie burden’’); Stone v. Chung Pei Chemical Industry Co., Ltd., 790 F.2d 20, 22 (2d Cir. 1986) (similar).
discussed Cited as authority (rule) CBS, INC. v. Snyder
S.D.N.Y. · 1992 · confidence medium
Personal Jurisdiction over the WRC-TV Respondents The WRC-TV Respondents urge dismissal of this action pursuant to 12(b)(2), Fed.R.Civ.P., on the ground that the Court lacks in personam jurisdiction over them. 11 “In a motion to dismiss for lack of personal jurisdiction, where the trial court holds no hearing, ‘the plaintiff need make only a prima facie showing of jurisdiction through its own affidavits and supporting materials.’ ” Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986) (quoting Marine Midland Bank v. Miller, 664 F.2d 899, 904 (2d Cir.1981)).
discussed Cited as authority (rule) West Indian Sea Island Cotton Ass'n v. Threadtex, Inc.
S.D.N.Y. · 1991 · confidence medium
A claim should be dismissed only if “it appears beyond doubt that the plaintiff[s] can prove no set of facts in support of [their] claim which would entitle [them] to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986). *1054 “The general rule is that a corporate officer who participates in a tort, even if it is in the course of his duties, may be held individually responsible.” National Survival Game v. Skirmish, U.S.A., Inc., 603 F.Supp. 339, 341 (S.D.N.Y.1985) (holding th…
discussed Cited as authority (rule) Giuntoli v. Garvin Guybutler Corp.
S.D.N.Y. · 1989 · confidence medium
A claim should be dismissed only if “it appears beyond doubt that the plaintiff can prove no set of facts in support of her claim which would entitle her to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986).
discussed Cited as authority (rule) Kuczynski v. Ragen Corp.
S.D.N.Y. · 1989 · confidence medium
The complaint should be dismissed only if it “appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Stone v. Chung Pei Chemical Industry Co., Ltd., 790 F.2d 20, 22 (2d Cir.1986).
cited Cited as authority (rule) First City National Bank and Trust Company v. Freddy L. Simmons, and Herman Carter Moody
1st Cir. · 1989 · confidence medium
Co., 790 F.2d 20, 21 (2d Cir.1986) (per curiam), it appears defendants conducted sufficient purposeful activity in New York to have “transacted business” in the state.
discussed Cited as authority (rule) Huang v. Sentinel Government Securities
S.D.N.Y. · 1989 · confidence medium
The complaint should only be dismissed if it is “beyond doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co., Ltd, 790 F.2d 20, 22 (2d Cir.1986).
discussed Cited as authority (rule) United States v. Barretto
S.D.N.Y. · 1989 · confidence medium
The complaint thus should only be dismissed if it "appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co., 790 F.2d 20, 22 (2d Cir. 1986).
discussed Cited as authority (rule) Avato v. Walker Manufacturing Co.
S.D.N.Y. · 1989 · confidence medium
DISCUSSION “In a motion to dismiss for lack of personal jurisdiction, where the trial court holds no hearing, ‘the plaintiff need make only a prima facie showing of jurisdiction through its own affidavits and supporting materials.’ ” Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986), quoting Marine Midland Bank v. Miller, 664 F.2d 899, 904 (2d Cir.1981).
discussed Cited as authority (rule) Ismail v. Cohen
S.D.N.Y. · 1989 · confidence medium
The complaint thus should only be dismissed if it “appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986).
discussed Cited as authority (rule) American Motorists Insurance v. United Furnace Co.
S.D.N.Y. · 1988 · confidence medium
The complaint thus should only be dismissed if it “appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986).
discussed Cited as authority (rule) Tripmasters, Inc. v. Hyatt International Corp.
S.D.N.Y. · 1988 · confidence medium
In response to such a motion prior to an evidentiary hearing, “the plaintiff need make only a prima facie showing of jurisdiction through its own affidavits and supporting materials,” Stone v. Chung Pei Chemical Industry Co., 790 F.2d 20, 22 (2d Cir.1986) (quoting Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir. 1981)), although eventually it is a plaintiff’s burden to establish jurisdiction by a preponderance of the evidence at a hearing or at trial, Volks-wagenwerk Aktiengesellschaft v. Beech Aircraft Corp., 751 F.2d 117, 120 (2d Cir. 1984); Marine Midland, 664 F.2d at 9…
discussed Cited as authority (rule) Theatre Party Associates, Inc. v. Shubert Organization, Inc.
S.D.N.Y. · 1988 · confidence medium
The complaint thus should only be dismissed if it “appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45 , 78 S.Ct. 99, 102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986).
discussed Cited as authority (rule) Dubin v. E.F. Hutton Group Inc.
S.D.N.Y. · 1988 · confidence medium
The complaint thus should only be dismissed if it "appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief." Conley v. Gibson, 355 U.S. 41, 45 , 78 S.Ct. 99, 101 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986).
discussed Cited as authority (rule) Anitora Travel, Inc. v. Lapian
S.D.N.Y. · 1988 · confidence medium
The complaint should only be dismissed if it “appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-102 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986).
discussed Cited as authority (rule) Metzner v. DH Blair & Co., Inc.
S.D.N.Y. · 1987 · confidence medium
Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99, 101-02 , 2 L.Ed.2d 80 (1957); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986). 8 . 29 U.S.C. § 1104 (a)(1) states in pertinent part: a fiduciary shall discharge his duties with respect to a plan ...
discussed Cited as authority (rule) Sollinger v. Nasco International, Inc.
D. Vt. · 1987 · confidence medium
“In a motion to dismiss for lack of personal jurisdiction, where the trial court holds no hearing, ‘the plaintiff need make only a prima facie showing of jurisdiction through its own affidavits and supporting materials.’ See Marine Midland Bank, N.A. v. Miller, 664 F.2d [at 904].” Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986).
cited Cited as authority (rule) Berk v. Nemetz
S.D.N.Y. · 1986 · confidence medium
Co., 790 F.2d 20, 22 (2d Cir.1986) (quoting Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir.1981)).
cited Cited as authority (rule) Amalgamet, Inc. v. Ledoux & Co.
S.D.N.Y. · 1986 · confidence medium
Co., 790 F.2d 20, 22 (2d Cir.1986) (quoting Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir.1981)).
discussed Cited as authority (rule) Herbert v. Schwartz (In Re Schwartz)
Bankr. S.D.N.Y. · 1986 · confidence medium
Accord Boag v. MacDougall, 454 U.S. 364, 365 , 102 S.Ct. 700, 701 , 70 L.Ed.2d 551 (1985) (per curiam); Stone v. Chung Pei Chemical Industry Co. Ltd., 790 F.2d 20, 22 (2d Cir.1986); Washington v. James, 782 F.2d 1134, 1138 (2d Cir.1986). 13 .
discussed Cited "see" Montano Jr. v. United States District Court District of Nevada Financial Litigation Unit
D. Nev. · 2025 · signal: see · confidence high
See Jacobsen v. Filler, 790 F.2d 20 1362, 1364-65 (9th Cir. 1986) (holding that pro se parties are not excused from following the rules and 21 orders of the court).
Retrieving the full opinion text from the archive…
Richard STONE, Plaintiff-Appellant,
v.
CHUNG PEI CHEMICAL INDUSTRY CO. LTD and Taiwan Hi Dap Corporation, Defendants-Appellees
Docket 86-7001.
Court of Appeals for the Second Circuit.
May 5, 1986.
790 F.2d 20
Richard Stone, pro se plaintiff-appellant.
Mansfield, Cardamone, Pierce.
Cited by 25 opinions  |  Published
PER CURIAM:

Richard Stone, a resident of New York, filed a pro se diversity complaint in the United States District Court for the South[*21] ern District of New York (Brieant, J.) against two Taiwanese corporations, one of which answered and moved to dismiss on the grounds that it was not subject to the court’s jurisdiction and that a contract between plaintiff and it had been cancelled by consent. The other corporation never appeared or answered. The district court dismissed the complaint as frivolous. We reverse and remand.

I FACTS

The facts alleged in the pro se complaint, assumed to be true, reveal that in April 1977 Stone entered into a contract with Chung Pei Chemical Co. Ltd. (Chung Pei). Under its terms, Chung Pei was to produce high gloss wax tiles in Taiwan and Stone was to have the exclusive right to market them in the United States and Canada. Stone stayed in Taiwan for over a year giving technical assistance to Chung Pei, while also making several marketing trips to the United States.

In March 1978 Stone met Mr. Nagase, President of Fuji Polymer, Inc. (Fuji) of Japan, who agreed to assume production and quality control of the tiles that were produced by Chung Pei. Stone and Nagase together acquired Griddan, Ltd., a Hong Kong company, through which all tile sales would be channeled. Stone introduced Mr. Hsieh, president of Chung Pei, to Nagase, and the three discussed cancelling Stone’s contract with Chung Pei and entering into a new contract between Chung Pei and Griddan. At this May 1978 meeting, Stone and Hsieh signed an agreement cancelling Stone’s contract with Chung Pei, on the understanding that Chung Pei would enter into a contract with Griddan.

Nagase then persuaded Stone that the new contract with Chung Pei should be with Fuji, rather than with Griddan. In return, Stone was to receive advances on various expenses as well as medical and life insurance from Fuji. Nagase also agreed to give Stone a contract providing him with 50 percent of Fuji’s profits from the venture with Chung Pei. The contract Stone eventually signed with Fuji was allegedly for far less than he had negotiated. After Fuji went bankrupt in the fall of 1983, customers Stone had secured, including two in New York, made agreements directly with Chung Pei.

Stone asserts that the cancellation of his contract with Chung Pei was procured through Nagase’s fraud and that his original contract is still valid. Stone also alleges that:

[due to my] arduous efforts made to implement the title contract with Chung Pei, and because of my work in securing Japanese technical assistance that resulted in Chung Pei’s acquiring the know-how to supply a quality tile for the American marketplace, Chung Pei has been unjustly enriched to my great detriment and loss.

The other Taiwanese corporation, Taiwan Hi Dap Corporation, was an affiliate of Fuji until 1983. Nagase was also its president. In August 1978, Stone and Nagase agreed to bring Hi Dap into the tile venture. Stone “introduced” Nagase to a Massachusetts’ company which makes automatic machines that apply adhesive and paper to floor tile-backs making them self-adhering. Hi Dap purchased this machine and processed tiles from Chung Pei. Stone alleges that Hi Dap sold these tiles to customers Stone had secured in the United States and to former customers of Fuji. He claims that he has an implied contract with Hi Dap and that Hi Dap has been unjustly enriched.

II DISCUSSION

Under New York’s long-arm statute Stone’s complaint sufficiently states a claim to support personal jurisdiction over the two Taiwanese corporations. New York has personal jurisdiction over a non-domiciliary if two conditions are met. First, the nondomiciliary must be one who “transacts any business within the state or contracts anywhere to supply goods or services in the state....” N.Y.Civ.Prac.Law § 302(a)(1) (McKinney Supp.1986). Second, the claim against the nondomiciliary must arise from the business activity forming[*22] the basis for the satisfaction of the first prong. Beacon Enterprises Inc. v. Menzies, 715 F.2d 757, 763 (2d Cir.1983). Such a nexus between the cause of action and the activity in the forum State satisfies the “minimum contacts” requirements of due process. World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 291-99, 100 S.Ct. 559, 564-68, 62 L.Ed.2d 490 (1980); International Shoe Co. v. Washington, 326 U.S. 310, 315-21, 66 S.Ct. 154, 157-61, 90 L.Ed. 95 (1945).

In a motion to dismiss for lack of personal jurisdiction, where the trial court holds no hearing, “the plaintiff need make only a prima facie showing of jurisdiction through its own affidavits and supporting materials.” See Marine Midland Bank, N.A. v. Miller, 664 F.2d 899, 904 (2d Cir. 1981). Here, Stone alleged that both Taiwanese corporations are selling floor tiles to New York customers secured by Stone. This fact was not disputed by Chung Pei [1] and Hi Dap did not answer the complaint. Thus, Stone made a prima facie showing of jurisdiction against both defendants.

It hardly need be said, because it is so well-known, “that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 101-02, 2 L.Ed.2d 80 (1957) (footnote omitted). It follows that when the plaintiff, as here, is proceeding pro se the complaint must be liberally construed. See Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972) (per curiam).

Although the contract between Stone and Chung Pei was cancelled by consent in 1978, a fact relied upon by the district court in dismissing the complaint, the allegations of Stone’s complaint relate to matters that occurred subsequent to that time. Stone alleged that he had an implied contract with both Chung Pei and Hi Dap corporations. In its motion to dismiss Chung Pei simply asserted that Stone had not performed any services for it since May 1978, the date the contract between the two parties was cancelled. “In determining whether the district court, pursuant to Rule 12(b)(6), properly dismissed appellant’s ... claims, we must view the factual allegations in the complaint as true.” Montauk-Caribbean Airways, Inc. v. Hope, 784 F.2d 91, 94 (2d Cir.1986) (citation omitted). Liberally construing Stone’s pro se complaint and accepting its allegations as true, he has stated a cause of action against both Taiwanese corporations based on implied contract and unjust enrichment.

Accordingly, the order dismissing plaintiff’s complaint is reversed and the case is remanded to the district court for further proceedings consistent with this opinion.

1

. Chung Pei appeared in the district court, but did not appear on this appeal though it was served with a notice of it.