The petition asks whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) violates the Fifth Amendment's Due Process Clause by declaring that the PLO has consented to personal jurisdiction based on specified conduct.
The Fuld Oral Arguments as Haiku
Justice Roberts: This is all just words! It sounds like a grab bag. Please: Give us a clear test. Justice Thomas: PLO, PA? Are these things “persons” really? And do they have rights? Justice Alito: Why is this unfair? Don’t the defendants have an Office in New York? Justice Sotomayor: We still need…
Continue ReadingOral Argument Recap: Fuld v. PLO
On Tuesday, the Supreme Court heard oral argument in Fuld v. Palestine Liberation Organization. The question presented is whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) violates the Fifth Amendment’s Due Process Clause by declaring that the Palestine Liberation Organization (PLO) and the Palestinian Authority (PA) have consented to…
Continue ReadingFuld v. PLO: Argument Day!
Today, the Supreme Court is hearing oral argument in Fuld v. Palestinian Liberation Organization. The petition asks whether the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) violates the Fifth Amendment’s Due Process Clause by declaring that the PLO has consented to personal jurisdiction based on specified conduct. TLB’s prior coverage…
Continue ReadingFuld Preview: Professor Briefs
Next week, the Supreme Court will hear oral argument in Fuld v. Palestinian Liberation Organization. Fuld raises two interrelated issues: (1) Does the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA) provide consent-based personal jurisdiction consistent with Mallory v. Norfolk Southern Railway Co.?; and (2) What are the differences (if any) between the…
Continue ReadingFuld Preview: AALS Panel on Mallory and More
Next week, the Supreme Court will hear oral argument in Fuld v. Palestinian Liberation Organization. TLB’s prior coverage of Fuld can be found here. Among the key issues in Fuld is whether the Promoting Security and Justice for Victims of Terrorism Act’s scheme for consent-based personal jurisdiction is constitutional. In 2023, the Supreme Court decided…
Continue ReadingAll I Want for Christmas (from the Federal Courts)
Rounding out this week’s posts by John Coyle and Bill Dodge, here’s my wish list for the lower federal courts (plus a bonus plea to the Supreme Court). Stop Violating Rule 4(f) and the Hague Service Convention Rule 4(f) of the Federal Rules of Civil Procedure authorizes service of process on defendants “at a place…
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