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”

Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split

In Peters Broadcast Eng’g, Inc. v. 24 Capital, LLC, No. 21-3849 (6th Cir. July 13, 2022), the Sixth Circuit joins six other circuits in holding that, for nationwide service of process under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1965, at least one defendant must be subject to personal jurisdiction inContinue reading “Sixth Circuit Adopts Narrower “Forum State” Approach to Nationwide Service of Process under 18 U.S.C. § 1965(b) of RICO Act, Joining Majority View in Circuit Split”

First Circuit Holds That Massachusetts-Based Court Lacked Personal Jurisdiction Over Foreign Website That Allegedly Defamed a Domestic Resident

In Lin v. TipRanks, Ltd., No. 20-1001 (1st Cir. Nov. 23, 2021), the First Circuit elides a difficult question of personal jurisdiction – whether federal constitutional due process “permits a defamation plaintiff to assert personal jurisdiction over an out-of-forum defendant that operates a for-profit website that trades on assertions about individuals’ reputations, absent the defendantContinue reading “First Circuit Holds That Massachusetts-Based Court Lacked Personal Jurisdiction Over Foreign Website That Allegedly Defamed a Domestic Resident”

Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit

In Acrylicon USA, Inc. v. Silikal GmbH, No. 17-15737 (11th Cir. Jan. 26, 2021), the panel holds that while the defendant preserved a record of opposing personal jurisdiction at the pleadings and post-trial stages, it forfeited the argument on appeal by not appealing the post-trial ruling. Plaintiff AcryliCon USA (AC-USA) sued Silikal in federal districtContinue reading “Failure to Appeal Post-Trial Personal Jurisdiction Ruling Forfeited Issue, Holds Eleventh Circuit”

D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction

In Erwin-Simpson v. AirAsia Berhad, No. 19-7034 (D.C. Cir. Jan. 19, 2021), the panel affirms an order dismissing a claim for injuries on a 2016 flight from Malaysia to Cambodia, holding that the allegations “did not arise from any activity by AirAsia in the District of Columbia, and the only presence that the airline identifies hereContinue reading “D.C. Circuit, Overruling Its Prior Caselaw, Holds That Local Access of Airline’s Website Does Not Support Personal Jurisdiction”

Texas District Court Lacked Personal Jurisdiction to Vacate an Arbitration Award in Florida, Fifth Circuit Holds

In Sayers Constr., LLC v. Timberline Constr., Inc., No 19-51099 (5th Cir. Oct. 2, 2020), the panel affirms dismissal of a vacatur action on the ground that it would not comport with Due Process to review a Florida arbitration award in Texas. Plaintiff Sayers filed suit in the Western District of Texas to vacate anContinue reading “Texas District Court Lacked Personal Jurisdiction to Vacate an Arbitration Award in Florida, Fifth Circuit Holds”

New Jersey Attorney General Cease-and-Desist Letter Sent to Second-Amendment Organization in Texas Supported Personal Jurisdiction There, Holds Fifth Circuit

In Defense Distributed v. Grewal, No. 19-50723 (5th Cir. 19-50723),  the Fifth Circuit reverses dismissal, on personal jurisdiction grounds, of a suit between the Attorney General of New Jersey (Grewal) and two organizations – Defense Distributed and Second Amendment Foundation (“SAF”). Defense Distributed, located in Austin, Texas, makes computer files available by download for peopleContinue reading “New Jersey Attorney General Cease-and-Desist Letter Sent to Second-Amendment Organization in Texas Supported Personal Jurisdiction There, Holds Fifth Circuit”