34 Cited authorities

Daimler AG v. Bauman
571 U.S. 117 (2014) Cited 5,861 times 237 Legal Analyses
Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"
Goodyear Dunlop Tires Oper. v. Brown
564 U.S. 915 (2011) Cited 5,401 times 87 Legal Analyses
Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction
Walden v. Fiore
571 U.S. 277 (2014) Cited 4,467 times 49 Legal Analyses
Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))
Burger King Corp. v. Rudzewicz
471 U.S. 462 (1985) Cited 17,086 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.
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,822 times 5 Legal Analyses
Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
Keeton v. Hustler Magazine, Inc.
465 U.S. 770 (1984) Cited 3,081 times 7 Legal Analyses
Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"
Int'l Shoe Co. v. Washington
326 U.S. 310 (1945) Cited 22,892 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) )
Schwarzenegger v. Fred Martin Motor Co.
374 F.3d 797 (9th Cir. 2004) Cited 2,748 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"
Mavrix Photo Inc. v. Brand Techs. Inc.
647 F.3d 1218 (9th Cir. 2011) Cited 957 times 3 Legal Analyses
Holding that the defendant expressly aimed the content of "celebrity-gossip.net" at California because the site had a specific focus on the California-centric entertainment industry
Picot v. Weston
780 F.3d 1206 (9th Cir. 2015) Cited 552 times
Holding that the defendant's two trips to California did not create sufficient minimum contacts to subject him to personal jurisdiction
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,368 times 127 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
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,078 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 410.10 - Generally
Cal. Code Civ. Proc. § 410.10 Cited 1,357 times 1 Legal Analyses
Allowing for jurisdiction over non-residents coextensive with due process requirements

Ramiro Giron et Al., v. Hong Kong And Shanghai Bank Company et al

34 Cited authorities

Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

Holding that, for specific jurisdiction, "the relationship must arise out of contacts that the 'defendant [it]self' creates with the forum State" (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985))

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.

Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"

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 the defendant expressly aimed the content of "celebrity-gossip.net" at California because the site had a specific focus on the California-centric entertainment industry

Holding that the defendant's two trips to California did not create sufficient minimum contacts to subject him to personal jurisdiction

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

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

Allowing for jurisdiction over non-residents coextensive with due process requirements