Personal Jurisdiction in Federal Antitrust Litigation Post-Fuld: In re Diisocyanates Litigation
Last year, in Fuld v. Palestine Liberation Organization, the Supreme Court held that the due process limits of personal jurisdiction under the Fifth Amendment differ from those under the Fourteenth. As Maggie Gardner has noted, the Court didn’t say much about what those limits might be—meaning that the lower federal courts will now take on…
Continue ReadingEnterprise-Wide Contracts as a Basis for Personal Jurisdiction Over Foreign Parent Companies
A couple of weeks ago, I wrote about a case in which certain enterprise-wide contracts executed by a (U.S.) corporate plaintiff figured in the analysis of legislative jurisdiction. Today, I want to focus on VMware LLC v. Siemens AG, a case in which certain enterprise-wide contracts executed by a (foreign) corporate defendant figure in the…
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