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The Application of Federal Rule of Civil Procedure 4(k)(2) in Admiralty: National Contacts for a Worldwide Industry

Journal of Maritime Law and Commerce, Vol. 29, p. 79, 1998

28 Pages Posted: 9 Dec 2011  

Steven R. Swanson

Hamline University - School of Law

Date Written: January 1, 1998

Abstract

It seems federal courts, applying federal law, should be able to exercise jurisdiction over parties having adequate contacts with the United States. This is especially important in admiralty actions, which often implicate worldwide commerce and involve substantial ties with the United States. Rule 4 of the Federal Rules of Civil Procedure and its later versions deal with such issues yet do not clearly define the aspects. Despite the confusion relating to Rule 4(k)(2)’s coverage, the author believes that the rule does apply to admiralty cases and that the several court decisions that have so held should be followed. Beginning with a short history of national contacts jurisprudence and the adoption of Rule 4(k)(2), this article next reviews the relevant case authority. A close analysis of the rule establishes that admiralty should be included. Finally, the article details the appropriate standards when applying Rule 4(k)(2) in admiralty cases.

Keywords: Federal rule, Rule 4, Rule 4(k)(2), Federal Rules of Civil Procedure, admiralty, jurisdiction

Suggested Citation

Swanson, Steven R., The Application of Federal Rule of Civil Procedure 4(k)(2) in Admiralty: National Contacts for a Worldwide Industry (January 1, 1998). Journal of Maritime Law and Commerce, Vol. 29, p. 79, 1998. Available at SSRN: https://ssrn.com/abstract=1955649

Steven R. Swanson (Contact Author)

Hamline University - School of Law ( email )

1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States

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