AMA Multimedia, LLC v. Wanat, No. 18-15051 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed the district court's dismissal for lack of personal jurisdiction of an action alleging copyright infringement, trademark infringement, and unfair competition. Plaintiff AMA is a Nevada limited liability company that produces and distributes "adult entertainment over the Internet." Defendant is a citizen and resident of Poland, who operated ePorner, an adult video website, through MW Media, a Polish civil law partnership.
The panel agreed with the district court that AMA has not met its burden of showing that defendant is subject to personal jurisdiction in the United States under Federal Rule of Civil Procedure 4(k)(2) (the long-arm statute). In this case, defendant lacks the requisite minimum contacts with the United States where the United States was not the focal point of the website and of the harm suffered. The panel also held that the district court did not abuse its discretion by denying AMA certain jurisdictional discovery and declined to consider arguments about changes in European law for the first time on appeal that bear on AMA's entitlement to additional jurisdictional discovery.