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Yih v. Taiwan Semiconductor Mfg. Co.

United States Court of Appeals, Ninth Circuit
Aug 26, 2021
No. 20-17237 (9th Cir. Aug. 26, 2021)

Opinion

20-17237

08-26-2021

JIHSHYR YIH, Plaintiff-Appellant, v. TAIWAN SEMICONDUCTOR MANUFACTURING COMPANY, LTD, Defendant-Appellee.


NOT FOR PUBLICATION

Submitted August 17, 2021

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Appeal from the United States District Court No. 5:20-cv-04184-EJD for the Northern District of California Edward J. Davila, District Judge, Presiding

Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.

MEMORANDUM

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).

JihShyr Yih appeals pro se from the district court's judgment dismissing for lack of personal jurisdiction his action alleging federal and state law employment claims against Taiwan Semiconductor Manufacturing Company, Ltd. ("TSMC"). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction. Axiom Foods, Inc. v. Acerchem Int'l, Inc., 874 F.3d 1064, 1067 (9th Cir. 2017). We affirm.

The district court properly dismissed Yih's action for lack of personal jurisdiction because Yih failed to allege facts sufficient to establish that TSMC had such continuous and systematic contacts with California to establish general personal jurisdiction, or sufficient claim-related contacts with California to provide the court with specific personal jurisdiction over TSMC. See Williams v. Yamaha Motor Co., 851 F.3d 1015, 1020-25 (9th Cir. 2017) (discussing requirements for general and specific personal jurisdiction).

We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Yih's request that this court sanction TSMC and two of its employees, set forth in the opening brief, is denied.

AFFIRMED.


Summaries of

Yih v. Taiwan Semiconductor Mfg. Co.

United States Court of Appeals, Ninth Circuit
Aug 26, 2021
No. 20-17237 (9th Cir. Aug. 26, 2021)
Case details for

Yih v. Taiwan Semiconductor Mfg. Co.

Case Details

Full title:JIHSHYR YIH, Plaintiff-Appellant, v. TAIWAN SEMICONDUCTOR MANUFACTURING…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 26, 2021

Citations

No. 20-17237 (9th Cir. Aug. 26, 2021)

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