§Why CasetextPricing

Yeti Coolers, Llc v. Polar Pad Llc et al

MOTION to Dismiss for Lack of Jurisdiction Pursuant to Rule 12

26 Cited authorities

  1. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,969 times   238 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  2. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,492 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,540 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))

  4. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,417 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  5. Keeton v. Hustler Magazine, Inc.

    465 U.S. 770 (1984)   Cited 3,103 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"

  6. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 23,027 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) )

  7. Int'l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd.

    818 F.3d 193 (5th Cir. 2016)   Cited 653 times   3 Legal Analyses
    Holding that the federal pleading standard applies when determining whether a plaintiff has stated a claim against a non-diverse defendant

  8. Seiferth v. Helicopteros Atuneros

    472 F.3d 266 (5th Cir. 2006)   Cited 671 times   2 Legal Analyses
    Holding that jurisdictional discovery decisions "will not be disturbed" absent a "clear abuse"

  9. Johnston v. Multidata

    523 F.3d 602 (5th Cir. 2008)   Cited 630 times   1 Legal Analyses
    Holding defendant did not "ha[ve] a general business presence in [Texas] based on the residence of two employees . . . [who] work[ed] from home and report[ed] to supervisors located in Toronto, Canada" because "[w]hile their presence [was] certainly a regular contact with Texas, it [was] not substantial enough to create a general business presence in Texas"

  10. Wilson v. Belin

    20 F.3d 644 (5th Cir. 1994)   Cited 959 times
    Holding that communication into the forum state was not purposefully directed into the state

  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 358,269 times   949 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 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems