Civil Procedure Law Professors' Brief Amicus Curiae in Support of Plaintiffs-Appellants, Douglass v. Nippon Yusen Kabushiki Kaisha (5th Cir. No. 20-30382)

41 Pages Posted: 13 Nov 2020

See all articles by Alan B. Morrison

Alan B. Morrison

George Washington University - Law School

Helen Hershkoff

New York University School of Law

Arthur Miller

New York University School of Law

Adam Steinman

University of Alabama - School of Law

Date Written: September 24, 2020

Abstract

Amicus Curiae Brief on behalf of Professors Helen Hershkoff, Arthur R. Miller, Alan B. Morrison, John E. Sexton, and Adam N. Steinman

This appeal raises an important question regarding Rule 4(k)(2) of the Federal Rules of Civil Procedure, which provides for personal jurisdiction for claims based on federal law when no state court would have jurisdiction. This brief argues that the district court mistakenly held that the Due Process Clause of the Fifth Amendment, which applies to the federal courts, imposes the same constraints on federal courts as the Due Process Clause of the Fourteenth Amendment, which applies to the state courts. In the view of amici, that ruling was not only in error, but, if upheld, would render Rule 4(k)(2) a virtual nullity. Amici provide the Court with a reading of Rule 4(k)(2) that properly authorizes jurisdiction for federal law claims when a non-US defendant does systematic and continuous business in the United States, and when that business relates generally to the plaintiffs’ claims, as is the case here.

Keywords: Personal Jurisdiction, Due Process, Fifth Amendment, Rule 4(k)(2)

JEL Classification: K00, K10, K40, K41

Suggested Citation

Morrison, Alan B. and Hershkoff, Helen and Miller, Arthur and Steinman, Adam, Civil Procedure Law Professors' Brief Amicus Curiae in Support of Plaintiffs-Appellants, Douglass v. Nippon Yusen Kabushiki Kaisha (5th Cir. No. 20-30382) (September 24, 2020). Available at SSRN: https://ssrn.com/abstract=3699638 or http://dx.doi.org/10.2139/ssrn.3699638

Alan B. Morrison

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States

Helen Hershkoff

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Arthur Miller

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

Adam Steinman (Contact Author)

University of Alabama - School of Law ( email )

P.O. Box 870382
Tuscaloosa, AL 35487
United States

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