Tag Archives: Fed. R. Civ. P. 4(k)(2)

En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue

In Douglass v. Nippon Yusen Kabushiki Kaisha, No. 20-30379 (5th Cir. Aug. 16, 2022) (en banc), the Fifth Circuit holds 12-5 that the Fourteenth Amendment due process standards for personal jurisdiction over foreign defendants applies equally to the Fifth Amendment due process clause. A prior panel decision had agreed, see May 3, 2021 blog, butContinue reading “En Banc Fifth Circuit Reaffirms Fourteenth Amendment Limits on Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, Rejecting Bid to Overrule Prior Decisional Law on This Issue”

Panel Holds That Fourteenth Amendment Standards Constrain Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, But Urges Reversal En Banc

Ed note 7-2-21: The Fifth Circuit vacated this opinion and will hear it en banc. https://www.ca5.uscourts.gov/opinions/pub/20/20-30382-CV1.pdf In Douglass v. Nippon Yusen Kabushiki Kaisha, No. 20-30379 (5th Cir. Apr. 30, 2021) (per curiam), the panel struggles with application of the federal due process personal jurisdiction test to a foreign defendant. While agreeing with the plaintiff inContinue reading “Panel Holds That Fourteenth Amendment Standards Constrain Fifth Amendment Personal Jurisdiction Over a Foreign Defendant, But Urges Reversal En Banc”