Fifth Circuit Doubles Down on International Shoe
A recent Fifth Circuit decision stoutly reaffirmed that court’s en banc position that the personal jurisdiction analysis is the same under the Fifth and the Fourteenth Amendments. Indeed, reading Hardy v. Scandinavian Airlines System, one would have no idea that a vocal minority of federal appellate judges have been calling for a veritable revolution in…
Continue ReadingSupreme Court Ducks Fifth Amendment Due Process Question
The Supreme Court denied certiorari yesterday in Douglass v. Nippon Yusen Kabushiki Kaisha. This highly-watched case raises an important question that the Court will have to address sooner or later: the Fifth Amendment due process limitations on personal jurisdiction. The Supreme Court’s personal jurisdiction cases have repeatedly interpreted the Due Process Clause of the Fourteenth Amendment…
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