21 Cited authorities

Asahi Metal Indus. Co. Ltd. v. Superior Court
480 U.S. 102 (1987) Cited 4,948 times 40 Legal Analyses
Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 23,009 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) )
Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,564 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
Lockyer v. Mirant Corp.
398 F.3d 1098 (9th Cir. 2005) Cited 1,550 times
Holding that the district court's stay was improper where, among other considerations, "the proceeding in the bankruptcy court [was] unlikely to decide, or contribute to the decision of, the factual and legal issues before the district court"
Boschetto v. Hansing
539 F.3d 1011 (9th Cir. 2008) Cited 1,239 times 1 Legal Analyses
Holding that "the lone transaction for the sale of one item" did not create personal jurisdiction over the defendants in California because there were no allegations that the seller was a regular user of eBay to sell cars or "as a broader vehicle for commercial activity"
Tradebay, LLC v. eBay, Inc.
278 F.R.D. 597 (D. Nev. 2011) Cited 641 times 1 Legal Analyses
Granting a stay of discovery in part because the plaintiff did "not claim that it needs any discovery to oppose the motion to dismiss," which "raise[d] no factual issues, and [would] be decided purely on issues of law."
Data Disc, Inc. v. Sys. Tech. Assoc., Inc.
557 F.2d 1280 (9th Cir. 1977) Cited 1,728 times
Holding that a court "may not assume the truth of allegations in a pleading which are contradicted by affidavit"
Terracom v. Valley Nat. Bank
49 F.3d 555 (9th Cir. 1995) Cited 412 times
Holding that the defendant must have actually known that its product would reach the forum state before the "stream of commerce" theory will support the exercise of personal jurisdiction over the defendant
Nuance Com. v. Abbyy Software House
626 F.3d 1222 (Fed. Cir. 2010) Cited 230 times 2 Legal Analyses
Holding "this court cannot determine that Abbyy Software purposefully availed itself of the privilege of conducting activities in California by some affirmative act or conduct, and that Nuance's claims arise out of those activities," although Abbyy Software maintained a website that "promotes the sale of [the infringing] products in California"
Grober v. Mako Prods., Inc.
686 F.3d 1335 (Fed. Cir. 2012) Cited 214 times 1 Legal Analyses
Holding that a defendant's publications in a national publication—even a publication based in the forum state—is not a “contact” with a “specific” forum
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 29,059 times 191 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
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,644 times 51 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

NXP B.V. v. Nintendo Co. Ltd. et al

21 Cited authorities

Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Holding that the district court's stay was improper where, among other considerations, "the proceeding in the bankruptcy court [was] unlikely to decide, or contribute to the decision of, the factual and legal issues before the district court"

Holding that "the lone transaction for the sale of one item" did not create personal jurisdiction over the defendants in California because there were no allegations that the seller was a regular user of eBay to sell cars or "as a broader vehicle for commercial activity"

Granting a stay of discovery in part because the plaintiff did "not claim that it needs any discovery to oppose the motion to dismiss," which "raise[d] no factual issues, and [would] be decided purely on issues of law."

Holding that a court "may not assume the truth of allegations in a pleading which are contradicted by affidavit"

Holding that the defendant must have actually known that its product would reach the forum state before the "stream of commerce" theory will support the exercise of personal jurisdiction over the defendant

Holding that a defendant's publications in a national publication—even a publication based in the forum state—is not a “contact” with a “specific” forum

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"