Due Process

Recapping Media Coverage of Mallory

Last Tuesday, the Supreme Court heard oral arguments in Mallory v. Norfolk Southern Railway Co., a personal jurisdiction case on review from the Pennsylvania Supreme Court. Robert Mallory, a Virginia resident employed in Virginia and Ohio, sued Norfolk Southern, then based and incorporated in Virginia, in Pennsylvania state court. The case asks the Supreme Court…

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Consent and Personal Jurisdiction: The Mallory Oral Argument

On Tuesday November 8, 2022, the U.S. Supreme Court heard oral argument in Mallory v. Norfolk Southern Railway, a case that Reuters called “a sleeper case . . . [that] could be a nightmare for corporations.”  The case involves a railway worker, Robert Mallory, a resident of Virginia, who had worked for Norfolk Southern for…

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Oral Argument on Personal Jurisdiction Today

The Supreme Court will hear oral argument today in Mallory v. Norfolk Southern Railway, a personal jurisdiction case in which the defendant “consented” to general jurisdiction in Pennsylvania based on a corporate registration statute. Although Mallory itself involves no transnational facts, the case could have important implications for foreign defendants. Pennsylvania’s registration and long-arm statutes,…

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Transnational Litigation Anticipation: Previewing the Court’s Next Term

TLB recently recapped the Supreme Court’s transnational litigation cases from last Term. This post looks ahead to the upcoming Term, for which the Court has already granted certiorari in a personal jurisdiction case that may have implications for transnational litigation. TLB is also tracking several interesting petitions for certiorari in disputes involving the Foreign Sovereign…

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More Evidence that Helms-Burton is Backfiring

In 1996, Congress passed the Helms-Burton Act to strengthen sanctions against Cuba and to deter foreign companies from investing there. To discourage foreign investment, Title III created a civil remedy allowing U.S. nationals to sue any person who “traffics” in property confiscated by the Cuban government for damages in an amount three times the value…

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Fifth Circuit Issues En Banc Opinion on Personal Jurisdiction over Foreign Defendants

The Fifth Circuit has issued an important en banc opinion on foreign defendants, personal jurisdiction, and the Fifth Amendment Due Process Clause.  The court held in Douglass v. Nippon Yusen Kabushiki Kaisha that the Fifth Amendment Due Process Clause mirrors the Fourteenth Amendment Due Process Clause, except that the relevant sovereign is the United States…

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When Terrorists Default, Should Courts Consider Personal Jurisdiction?

A case from last week, Kaplan v. Hezbollah, illustrates the intricacies of consent-based personal jurisdiction in the context of default judgments and raises questions about the due process rights of terrorist organizations (and other unpopular defendants). U.S. citizens injured by Hezbollah missile attacks in Israel sued under the Antiterrorism Act (ATA). Hezbollah did not enter…

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Substituted Service and the Hague Service Convention

Can state law be used to avoid a federal treaty, even though the Supremacy Clause of the U.S. Constitution makes treaties supreme over state law? The somewhat surprising answer is yes—at least when it comes to the Hague Service Convention and state rules on substituted service. The Hague Service Convention governs transnational service of process…

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S.D.N.Y. Holds Consent-Based Personal Jurisdiction over the PLO Unconstitutional

Palestinian flag

The Southern District of New York recently held in Fuld v. Palestine Liberation Organization that a federal statute subjecting the Palestine Liberation Organization (“PLO”) to personal jurisdiction violates the Due Process Clause of the Fifth Amendment. The case adds to a growing list of important due process questions in transnational litigation.

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A Primer on Foreign Judgments

In the United States, the recognition and enforcement of foreign-country judgments is generally governed by state law. Nevertheless, the law on foreign judgments is fairly uniform throughout the United States because most states have adopted one of two Uniform Acts. These Acts establish a presumption that final, conclusive, and enforceable foreign judgments are entitled to…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

UC Davis School of Law
wsdodge@ucdavis.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Matt Hornung

Cornell Law School
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Jonathan Schaffer-Goddard

Holwell Shuster & Goldberg; 4 Pump Court, London
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Chimène Keitner

UC Hastings Law
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David P. Stewart

Georgetown University Law Center
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Curtis A. Bradley

University of Chicago Law School
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Benjamin Hayward

Department of Business Law and Taxation, Monash Business School
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Rajat Lal

Faculty of Law, Monash University
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David Landau

Florida State University College of Law
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Katie Burghardt Kramer

DGW Kramer LLP
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Tanya Monestier

University at Buffalo School of Law
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