National Personal Jurisdiction
Nash, Jonathan Remy
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- 2023NEW YORK LIFE INSURANCE COMPANY v. GARTH D.N.J.
- 2022Douglass v. Nippon Yusen Kabushiki 5th Cir.
- 2019Board of Regents v. Boston Scientific Corporation Fed. Cir.
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Abstract
Personal jurisdiction has always constrained plaintiffs¿ access to courts, and recent Supreme Court decisions impose even more severe limits. These limitations are magnified by the standard understanding that the relevant forum for purposes of the personal jurisdiction calculus is the state. This Article explores the possibility of expanding the use of national personal jurisdiction. First, it argues that there is no Fifth Amendment Due Process Clause barrier to national personal jurisdiction.
Second, it argues that Congress has the power to introduce national personal jurisdiction as to all claims brought in the federal courts, but that Congress lacks authority to introduce national personal jurisdiction as to any claims brought in the state courts. However, Congress could open the federal courthouse doors wider to claims where national personal jurisdiction is deemed appropriate. Third, this Article considers what steps Congress can use to implement national personal jurisdiction.