Arviso

Siren Gaming, LLC v. Arviso

Good Law
153 F. App'x 420
United States Court of Appeals for the Ninth CircuitOctober 26, 2005No. 04-17508; D.C. No. CV-04-01417-PMPCalifornia320 words

Opinion

Lead Opinion

MEMORANDUM **

Siren Gaming appeals the district court’s dismissal for lack of personal jurisdiction of Siren Gaming’s suit against Smith Bagley. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

Because the non-disclosure agreement incorporated only the choice of law clause, and not the forum selection clause, of the joint venture agreement, Smith Bagley did not consent to personal jurisdiction in Nevada. See Lincoln Welding Works, Inc. v. Ramirez, 98 Nev. 342 , 647 P.2d 381, 383 (1982) (noting that where a contract incorporates another writing for a specified purpose, that other writing becomes a part of the contract only for that specified purpose).

Smith Bagley is not subject to specific jurisdiction in Nevada because none of the bases upon which Siren Gaming asserts specific jurisdiction indicate that Smith Bagley purposefully availed itself of the privilege of conducting activities in Nevada, nor that any harm arose out of Smith Bagley’s contacts with Nevada. See Calder v. Jones, 465 U.S. 783, 788-89, 104 S.Ct. 1482 , 79 L.Ed.2d 804 (1984) (holding that, for purposes of an intentional tort claim, specific jurisdiction exists if the intentional act was…

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