NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 26 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JIHSHYR YIH, No. 20-17237
Plaintiff-Appellant, D.C. No. 5:20-cv-04184-EJD
v.
MEMORANDUM*
TAIWAN SEMICONDUCTOR
MANUFACTURING COMPANY, LTD,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of California
Edward J. Davila, District Judge, Presiding
Submitted August 17, 2021**
Before: SILVERMAN, CHRISTEN, and LEE, Circuit Judges.
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
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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.
2 20-17237