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In re National Security Agency Telecommunications Records Litigation

MEMORANDUM in Support re MOTION to Dismiss for Lack of Jurisdiction

26 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,832 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  2. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,275 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  3. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,597 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) )

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

    223 F.3d 1082 (9th Cir. 2000)   Cited 1,226 times   1 Legal Analyses
    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

  5. Doe v. Unocal Corp.

    248 F.3d 915 (9th Cir. 2001)   Cited 933 times   1 Legal Analyses
    Holding "court may consider evidence" on motion to dismiss under Rule 12(b)

  6. AT&T v. Compagnie Bruxelles Lambert

    94 F.3d 586 (9th Cir. 1996)   Cited 685 times
    Holding that where the trial court rules on jurisdictional issue based on affidavits and without holding an evidentiary hearing, the plaintiff need only make a prima facie showing

  7. Negron-Torres v. Verizon Commun

    478 F.3d 19 (1st Cir. 2007)   Cited 152 times
    Holding that the court would not pierce the corporate veil of a subsidiary to find jurisdiction over the parent, reasoning that plaintiff's evidence merely supported the conclusion that the parent had indirect ownership in a subsidiary and did not direct its activities

  8. Brand v. Menlove Dodge

    796 F.2d 1070 (9th Cir. 1986)   Cited 185 times
    Holding that jurisdiction was not reasonable where a forum state's citizen was not injured by the defective product

  9. Millennium Enterprises, Inc. v. Millennium Music, LP

    33 F. Supp. 2d 907 (D. Or. 1999)   Cited 117 times
    Holding that internet purchase of one compact disc by plaintiff's counsel did not constitute purposeful availment

  10. Gordy v. the Daily News, L.P.

    95 F.3d 829 (9th Cir. 1996)   Cited 105 times
    Holding that specific jurisdiction existed in light of evidence of "targeting" of the plaintiff, who was a forum resident

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 346,241 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,090 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Section 151 - Purposes of chapter; Federal Communications Commission created

    47 U.S.C. § 151   Cited 1,488 times   23 Legal Analyses
    Creating the FCC in 1934 "to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges."

  14. Section 410.10 - Generally

    Cal. Code Civ. Proc. § 410.10   Cited 1,327 times   1 Legal Analyses
    Allowing for jurisdiction over non-residents coextensive with due process requirements

  15. Section 735 ILCS 5/2-209 - Act submitting to jurisdiction - Process

    735 ILCS 5/2-209   Cited 993 times   5 Legal Analyses
    Permitting a court to exercise personal jurisdiction over an individual for "any cause of action arising from" the transfer of property in Illinois

  16. Section 9-5-33 - Jurisdiction over foreign corporations and over nonresident individuals, partnerships, or associations

    R.I. Gen. Laws § 9-5-33   Cited 100 times

    (a) Every foreign corporation, every individual not a resident of this state or his or her executor or administrator, and every partnership or association, composed of any person or persons not such residents, that shall have the necessary minimum contacts with the state of Rhode Island, shall be subject to the jurisdiction of the state of Rhode Island, and the courts of this state shall hold such foreign corporations and such nonresident individuals or their executors or administrators, and such

  17. Rule 41 - Effect of Errors and Irregularities in Depositions

    Or. R. Civ. P. 41   Cited 1 times

    (A) As to notice. All errors and irregularities in the notice for taking a deposition are waived unless written objection is promptly served upon the party giving the notice. (B) As to disqualification of officer. Objection to taking a deposition because of disqualification of the officer administering the oath is waived unless made before the taking of the deposition begins or as soon thereafter as the disqualification becomes known or could be discovered with reasonable diligence. (C) As to taking