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· 7/13/1977

Data Disc, Incorporated v. Systems Technology Associates, Inc.

Citations

  • 557 F.2d 1280
  • 1977 U.S. App. LEXIS 12488

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff cannot rely merely on pleading allegations for Rule 12(b)(2) motion to dismiss where personal jurisdiction is contested
  • holding that a court “may not assume the truth of allegations in a pleading 11 which are contradicted by affidavit”
  • holding that 14 the facts alleged in the complaint are generally accepted as true unless contradicted by 15 affidavit
  • holding that “where the 18 jurisdictional facts are enmeshed with the merits, the district court may decide that the plaintiff 19 should not be required in a Rule 12(d
  • noting that it may be unreasonable to exercise jurisdiction where the effect in the forum state was caused by defendant’s negligent and not purposeful acts
  • concluding that “where the jurisdictional facts are enmeshed with the merits,” the district court may decide that the plaintiff “should be required only to establish a prima facie showing of jurisdictional facts with affidavits and perhaps discovery materials”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barnes, Wallace, Kelleher

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.