· 8/2/2005
McBee v. Delica Co., Ltd.
Citations
- 417 F.3d 107
- 75 U.S.P.Q. 2d (BNA) 1609
- 2005 U.S. App. LEXIS 15826
- 2005 WL 1805186
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that the limits on judicial exercises of personal jurisdiction are waivable personal rights rooted in the due process clause
- noting that “subject matter jurisdiction . . . which goes to the fundamental institutional competence of the court . . . can be raised sua sponte at any time”
- discussing appropriateness of bypassing jurisdictional question where Article III jurisdiction is not in doubt and merits claim clearly fails
- exercising personal jurisdiction on the mere existence of a website “would ‘eviscerate’ the limits of state’s jurisdiction over out-of-state or foreign defendants”
- describing a false endorsement claim by a \well-known American jazz musician\ against a Japanese clothing company and affirming dismissal on jurisdictional and standing grounds
- citing, in dicta, United Phosphorus, Ltd. v. Angus Chem. Co., 322 F.3d 942, 945-51 (7th Cir. 2003) (en banc) (whether the Sherman Act applied extraterritorially under FTAIA went to subject matter jurisdiction of court
Source: CourtListener parenthetical corpus (CC0).
Judges: Selya, Lynch, Howard
Read full opinion on CourtListenerSourced 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.