Civil procedure - personal jurisdiction - Eleventh Circuit holds that minimum contacts with the United States do not automatically confer jurisdiction over a defendant served via a nationwide service of process statute
Article Abstract:
The US 11th Circuit Court of Appeals in 1997's Panama v. BCCI Holdings incorrectly created a new balancing test to determine personal jurisdiction in a nondiversity action under the nationwide service of process provision in the RICO statute. The test mixes the national and forum contacts tests to require a balancing of the defendant's national aggregate contacts and the burdensomeness to the defendant with the federal interest in the litigation. The test is unnecessary, not consistent with precedent, and a new source of confusion.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1998
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Civil procedure - personal jurisdiction - Second Circuit applies "reasonableness" test for general personal jurisdiction
Article Abstract:
The Second Circuit's decision in 'Metropolitan Life Ins. Co. v. Robertson-Ceco Corp.' threatens to skew the balance of power away from state courts in favor of corporate defendants and federal courts. It does so by applying to a general-jurisdiction determination the five factors devised in 'Asahi' to test the reasonableness of exercising personal jurisdiction. The policies underlying the difference between personal and general jurisdiction, and the threat to state choice-of-law prerogatives, argue against such an application.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1997
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Civil procedure - personal jurisdiction - D.C. Circuit holds that a foreign state is not a "person" under the due process clause
Article Abstract:
In the case of Price v. Socialist People's Libyan Arab Jamahiriya, the US Court of Appeals for the DC Circuit ruled that a district court did have personal jurisdiction over a foreign state because the state was not a "person" who fell under the due process clause of the 5th Amendment.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2003
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