58 Cited authorities

Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 17,455 times 71 Legal Analyses
Holding that preliminary injunctions "may only be awarded upon a clear showing that the plaintiff is entitled to such relief"
Ebay Inc. v. Mercexchange, L. L. C.
547 U.S. 388 (2006) Cited 3,936 times 136 Legal Analyses
Holding that traditional four-factor test applies to injunctions against patent infringement
Calder v. Jones
465 U.S. 783 (1984) Cited 4,732 times 23 Legal Analyses
Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 22,988 times 110 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) )
Alliance for the Wild Rockies v. Cottrell
632 F.3d 1127 (9th Cir. 2011) Cited 4,047 times 2 Legal Analyses
Holding that a “serious questions” version of the sliding scale approach to preliminary injunctions survives Winter
Hanson v. Denckla
357 U.S. 235 (1958) Cited 7,967 times 11 Legal Analyses
Holding that personal jurisdiction over defendant trustee was inappropriate when defendant's only contacts with the forum resulted from plaintiff-settlor's unilateral activity of moving to Florida
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 801 times 32 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
Grupo Mexicano de Desarrollo, S. A. v. Alliance Bond Fund, Inc.
527 U.S. 308 (1999) Cited 804 times 5 Legal Analyses
Holding that preliminary injunctive relief freezing defendants' assets was not warranted because injunctive relief was historically unavailable where plaintiff sought only money damages for breach of contract
Schwarzenegger v. Fred Martin Motor Co.
374 F.3d 797 (9th Cir. 2004) Cited 2,782 times 1 Legal Analyses
Holding that, in the tort context, "[t]he `express aiming' analysis depends, to a significant degree, on the specific type of tort or other wrongful conduct at issue"
Pebble Beach Co. v. Caddy
453 F.3d 1151 (9th Cir. 2006) Cited 1,066 times 2 Legal Analyses
Holding that a district court "need not permit even limited discovery" where a "plaintiff's claim of personal jurisdiction appears to be both attenuated and based on bare allegations in the face of specific denials made by the defendants"
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,180 times 128 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
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,794 times 199 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 23,261 times 90 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Rule 64 - Seizing a Person or Property
Fed. R. Civ. P. 64 Cited 1,548 times 7 Legal Analyses
Granting federal courts authority to use state law remedies for seizing property
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,517 times 134 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,429 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 598 times 187 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

Liberty Media Holdings LLC v. FF Magnat Limited et al

58 Cited authorities

Holding that preliminary injunctions "may only be awarded upon a clear showing that the plaintiff is entitled to such relief"

Holding that traditional four-factor test applies to injunctions against patent infringement

Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

Holding that a “serious questions” version of the sliding scale approach to preliminary injunctions survives Winter

Holding that personal jurisdiction over defendant trustee was inappropriate when defendant's only contacts with the forum resulted from plaintiff-settlor's unilateral activity of moving to Florida

Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

Holding that preliminary injunctive relief freezing defendants' assets was not warranted because injunctive relief was historically unavailable where plaintiff sought only money damages for breach of contract

Holding that, in the tort context, "[t]he `express aiming' analysis depends, to a significant degree, on the specific type of tort or other wrongful conduct at issue"

Holding that a district court "need not permit even limited discovery" where a "plaintiff's claim of personal jurisdiction appears to be both attenuated and based on bare allegations in the face of specific denials made by the defendants"

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

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

Granting federal courts authority to use state law remedies for seizing property

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"