The US Court of Appeals for the Fifth Circuit recently declined to exercise personal jurisdiction over a Japanese shipping company in a $287 million personal injury lawsuit stemming from a collision between a Japanese vessel chartered by the shipping company and a US Navy destroyer. The collision occurred in the territorial waters of Japan and resulted in the deaths of seven American sailors and injuries to several others. Constrained by precedent, the Fifth Circuit looked to due process considerations under the 14th Amendment to the US Constitution — considerations that were developed to assess the extent of a defendant’s state-level contacts — and concluded that personal jurisdiction over the Japanese entity did not exist because it was not essentially "at home" in the United States. However, the panel suggested the case is ripe for en banc review by the full Fifth Circuit to clarify the standards that govern the personal jurisdiction analysis in cases arising under federal law and the related due process considerations under the Fifth Amendment to the Constitution — considerations that focus on a defendant’s nationwide contacts. Continue reading >