Personal Jurisdiction and the Montreal Convention
I recently discussed the Fifth Circuit’s remarkably unremarkable personal jurisdiction analysis in a case involving a Montreal Convention claim. Before reaching the constitutional personal jurisdiction analysis, however, the panel in Hardy v. Scandinavian Airlines System first rejected the plaintiff’s argument that the Montreal Convention itself established personal jurisdiction over the defendant airline, either directly or…
Continue ReadingTransnational Litigation at the Supreme Court, October Term 2024
Today is the first day of the Supreme Court’s October Term. This post briefly discusses four transnational litigation cases in which the Court has already granted cert, as well as several others that are in the pipeline and could be decided this Term. Readers can also consult our Supreme Court page. Cases in which the…
Continue ReadingFifth 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 ReadingThe Small Potatoes Problem with New York Forum Selection Clauses
New York has long sought to attract cases to its courts—and to generate business for New York lawyers—by enforcing New York forum selection clauses when they appear in commercial contracts worth at least $1 million that are governed by New York law. This policy is codified in New York General Obligations Law 5-1402. What happens,…
Continue ReadingMexico’s Claims Against Gun Manufacturers Suffer a Personal Jurisdiction Setback
In 2021, Mexico sued seven U.S. gun manufacturers in federal district court for the District of Massachusetts, alleging that they design, market, and sell guns in ways that they know will arm Mexican drug cartels. As described in an earlier post, the First Circuit held that some of Mexico’s claims were not barred by the…
Continue ReadingFuld and Waldman Plaintiffs Seek Supreme Court Review
TLB has followed the Second Circuit’s decisions holding unconstitutional the Promoting Security and Justice for Victims of Terrorism Act of 2019 (PSJVTA) and denying an en banc rehearing in Fuld v. Palestine Liberation Organization and Waldman v. Palestine Liberation Organization over a strong dissent by Judge Steven Menashi. As predicted, the plaintiffs recently filed a…
Continue ReadingA Primer on Personal Jurisdiction
Personal jurisdiction (or “authority to adjudicate”) refers to the authority of a court to make a binding determination with respect to a person or a thing. In personam jurisdiction refers to the authority to determine the rights or obligations of a person (including a business). In rem jurisdiction refers to the authority to determine ownership…
Continue ReadingSecond Circuit Denies Rehearing En Banc in Fuld v. PLO
Last week, the Second Circuit denied rehearing en banc in Fuld v. Palestinian Liberation Organization, an important personal jurisdiction decision that TLB has previously covered here, here, and here. The denial prompted a dissent by Judge Steven Menashi, joined in whole or in part by three other judges, which in turn prompted a concurrence by…
Continue ReadingSuccessor Jurisdiction and Anti-Terrorism Litigation
Transnational litigation often presents tricky questions of personal jurisdiction. Ongoing litigation in New York arising out of rocket attacks by Hizbollah does so in spades. This post reviews the recent New York Court of Appeals decision in Lelchook v. Société Générale de Banque au Liban SAL, answering a certified question posed by the Second Circuit…
Continue ReadingAdditional Thoughts on Firexo
I have three thoughts to add to John Coyle’s insightful post on the U.S. Court of Appeals for the Sixth Circuit’s recent decision in Firexo, Inc. v. Firexo Group Limited: one on choice of law, one on jurisdiction, and one on forum selection. Choice of Law Even though the majority declines to apply the “closely…
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