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Yahoo!, Inc. v. Mymail, Ltd.

MOTION to Dismiss for Lack of Jurisdiction and Improper Venue

31 Cited authorities

  1. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 10,831 times   32 Legal Analyses
    Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

  2. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,488 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII

  3. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,590 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. Carnival Cruise Lines, Inc. v. Shute

    499 U.S. 585 (1991)   Cited 1,943 times   8 Legal Analyses
    Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"

  5. Schwarzenegger v. Fred Martin Motor Co.

    374 F.3d 797 (9th Cir. 2004)   Cited 2,662 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"

  6. Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme

    433 F.3d 1199 (9th Cir. 2006)   Cited 924 times
    Holding that the purposeful direction test considers all of a defendant's contacts with the forum, "whether or not those contacts involve wrongful activity by the defendant"

  7. Holland Am. Line Inc. v. Wärtsilä N. Am., Inc.

    485 F.3d 450 (9th Cir. 2007)   Cited 495 times
    Holding that forum selection clauses applied to non-signatories because larger contract involved transactions that included non-signatories

  8. Manetti-Farrow, Inc. v. Gucci Am., Inc.

    858 F.2d 509 (9th Cir. 1988)   Cited 730 times   1 Legal Analyses
    Holding tort claims were covered by a forum-selection clause because resolution of the tort claims required interpretation of the parties' contract

  9. Bridas S.A.P.I.C. v. Govt. of Turkmenistan

    345 F.3d 347 (5th Cir. 2003)   Cited 444 times
    Holding that “[t]he Plaintiff cannot, on the one hand, seek to hold the nonsignatory liable pursuant to duties imposed by the agreement, which contains an arbitration provision, but, on the other hand, deny arbitration's applicability because the defendant is a nonsignatory

  10. Fleetwood Enterprises, Inc. v. Gaskamp

    280 F.3d 1069 (5th Cir. 2002)   Cited 394 times   1 Legal Analyses
    Holding that the question of whether there is a valid agreement to arbitrate under the FAA is governed by ordinary state law principles

  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 345,981 times   922 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 69,012 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 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,824 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  14. Section 410.10 - Generally

    Cal. Code Civ. Proc. § 410.10   Cited 1,324 times   1 Legal Analyses
    Allowing for jurisdiction over non-residents coextensive with due process requirements