Yih v. Taiwan Semiconductor Mfg. Co.

Summary

The Second Circuit affirmed dismissal of Yih's employment discrimination claims (ADEA, Title VII, NYSHRL) against Taiwan Semiconductor Manufacturing Co. for lack of personal jurisdiction. TSMC's limited New York contacts—less than 1% of revenue, a NYSE listing, and recruitment via a third-party agent resulting in two Skype interviews for a Taiwan-based position—were insufficient to establish general jurisdiction under CPLR § 301 or specific jurisdiction under CPLR § 302(a)(1). The court held that passive websites, stock-exchange listings, and attenuated recruitment communications do not confer jurisdiction over a foreign defendant.

Holdings

1. TSMC's contacts with New York were not sufficient to establish general jurisdiction.
2. TSMC's recruitment of Yih did not amount to transacting business in New York.
3. Yih's arguments under C.P.L.R. § 302(a)(2) and the sham affidavit doctrine are not considered because not raised in district court.

Questions Presented

1. Whether the district court lacked general personal jurisdiction over TSMC under C.P.L.R. § 301
2. Whether the district court lacked specific personal jurisdiction under C.P.L.R. § 302(a)(1)
3. Whether arguments not raised in district court are waived

Disposition

affirmed