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Carpenters Southwest Administrative Corporation et al v. H K B Inc et al

NOTICE OF MOTION AND MOTION to Dismiss Complaint or in the Alternative to Transfer Venue

25 Cited authorities

  1. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,554 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  2. Jones v. GNC Franchising, Inc.

    211 F.3d 495 (9th Cir. 2000)   Cited 1,586 times   4 Legal Analyses
    Holding the same in context of forum-selection-clause prohibition in California's franchise statute

  3. Bancroft Masters, Inc., v. Augusta National

    223 F.3d 1082 (9th Cir. 2000)   Cited 1,220 times
    Holding that California had personal jurisdiction over declaratory judgment defendant because of defendant's challenge to plaintiff's registration for its domain name, which challenge was filed with an agency located in Virginia but affected the plaintiff's ability to use the domain name in California

  4. Scott v. Breeland

    792 F.2d 925 (9th Cir. 1986)   Cited 570 times
    Holding that "[t]he party seeking to invoke the court's jurisdiction bears the burden of establishing that jurisdiction exists"

  5. In re Nintendo Co.

    589 F.3d 1194 (Fed. Cir. 2009)   Cited 273 times   1 Legal Analyses
    Holding that "in a case featuring most witnesses and evidence closer to the transferee venue with few or no convenience factors favoring the venue chosen by the plaintiff, the trial court should grant a motion to transfer"

  6. Steelworkers v. Bouligny, Inc.

    382 U.S. 145 (1965)   Cited 262 times   2 Legal Analyses
    Holding that a labor union is not a citizen for purposes of the jurisdictional statute

  7. Romak USA, Inc. v. Rich

    384 F.3d 979 (8th Cir. 2004)   Cited 244 times
    Rejecting the plaintiff's attempt to rely on a corporation's contacts with the forum state to establish personal jurisdiction over an individual corporate officer

  8. Carijano v. Occidental Petroleum Corp.

    643 F.3d 1216 (9th Cir. 2011)   Cited 196 times   1 Legal Analyses
    Holding Peru provided an adequate alternative forum in action brought by members of Peruvian indigenous group and California nonprofit against petroleum company for environmental contamination

  9. Gates Learjet Corp. v. Jensen

    743 F.2d 1325 (9th Cir. 1984)   Cited 424 times
    Holding that defendant's seven visits over three years to the forum state, purchase of over $200,000 worth of products from the forum state, and numerous phone calls and letters to the forum state were more “occasional than continuous, and more infrequent than systematic”

  10. Ravelo Monegro v. Rosa

    211 F.3d 509 (9th Cir. 2000)   Cited 212 times
    Reversing forum non conveniens dismissal, without discussing adequacy or availability of alternate forum, because the private interest factors weighed heavily against dismissal

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,301 times   183 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  12. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,253 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner