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Yellow Pages Photos, Inc. v. Ziplocal, LP et al

MEMORANDUM in support re Motion to dismiss/lack of jurisdiction

42 Cited authorities

  1. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,375 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  2. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,702 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"

  3. 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"

  4. 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) )

  5. Milliken v. Meyer

    311 U.S. 457 (1940)   Cited 3,577 times   3 Legal Analyses
    Holding that the constitutional adequacy of an alternate method of service "is dependent on whether or not the form of substituted service provided for such cases and employed is reasonably calculated to give [the defendant] actual notice of the proceedings and an opportunity to be heard"

  6. United Tech. Corp. v. Mazer

    556 F.3d 1260 (11th Cir. 2009)   Cited 902 times
    Holding that " court without personal jurisdiction is powerless to take further action"

  7. Byrne v. Nezhat

    261 F.3d 1075 (11th Cir. 2001)   Cited 937 times   2 Legal Analyses
    Holding a district judge did not abuse his discretion in declining to recuse himself from a case when he screened his law clerk who had previously worked for one of the law firms representing a party in a case

  8. Cable/Home Communication Corp. v. Network Productions, Inc.

    902 F.2d 829 (11th Cir. 1990)   Cited 792 times   1 Legal Analyses
    Holding that copyright infringement suit against publisher of advocacy campaign newsletter advertising illegal de-scrambling devices does not violate First Amendment

  9. Madara v. Hall

    916 F.2d 1510 (11th Cir. 1990)   Cited 724 times   3 Legal Analyses
    Holding that even when a defendant submits evidence supporting his jurisdictional position, we still "accept the facts alleged in the complaint as true, to the extent they are uncontroverted by the defendant's affidavits"

  10. PVC Windoors, Inc. v. Babbitbay Beach Construction, N.V.

    598 F.3d 802 (11th Cir. 2010)   Cited 391 times
    Finding it significant that the defendant did not physically enter Florida

  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 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,629 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Section Amendment XIV - Rights Guaranteed: Privileges and Immunities of Citizenship, Due Process, and Equal Protection

    U.S. Const. amend. XIV   Cited 11,642 times   3 Legal Analyses
    Containing both a Due Process Clause and an Equal Protection Clause

  15. Section 101 - Definitions

    17 U.S.C. § 101   Cited 6,452 times   175 Legal Analyses
    Recognizing the United States' adherence to provisions of the Berne Convention of 1886