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DOUGLASS v. NIPPON YUSEN KABUSHIKI KAISHA

No. 20-30382, No. 20-30379.

996 F.3d 289 (2021)

Stephen DOUGLASS, individually and as personal representative of the Estate of Shingo Alexander Douglass; Dora Hernandez, individually and as personal representative of The Estate of Noe Hernandez; Lan Huynh, individually and as personal representative of The Estate of Ngoc Truong Huynh; Darrold Martin, individually and as personal representative of The Estate of Xavier Alec Martin; Erin Rehm, individually and as personal representative of The Estate of Gary Leo Rehm, Jr.; Lloyd Wayne Rigsby, Jr., individually and as personal representative of The Estate of Dakota Kyle Rigsby; Carmen Sibayan, individually and as personal representative of The Estate of Carlos Victor Ganzon Sibayan, Plaintiffs-Appellants, v. NIPPON YUSEN KABUSHIKI KAISHA, Defendant-Appellee, Jhon Alcide; Richard Allen-Easmon; Dustin Angle; Jesus Arguello; Valerie Arguello, et al., Plaintiffs-Appellants, v. Nippon Yusen Kabushiki Kaisha, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED April 30, 2021.

Attorney(s) appearing for the Case

Craig Isenberg, Esq. , Laurence D. LeSueur, Jr. , Barrasso, Usdin, Kupperman, Freeman & Sarver, L.L.C., New Orleans, LA, Robert Stephen Peck , Center for Constitutional Litigation, P.C., Washington, DC, David M. Schloss , Koonz, McKenney, Johnson, DePaolis & Lightfoot, Washington, DC, Thomas Schoenbaum , Seattle, WA, for Plaintiffs-Appellants.

Eric John Matheson, Esq. , Thomas M. Canevari, Esq. , Cody Douglas King , Free-hill Hogan & Mahar, L.L.P., New York, NY, Robert H. Murphy, Esq. , Peter Bedford Tompkins, Esq. , Murphy, Rogers, Sloss, Gambel & Tompkins, New Orleans, LA, for Defendant-Appellee.

Alan B. Morrison , George Washington University School of Law, Washington, DC, for Amicus Curiae.

Before King, Elrod, and Willett, Circuit Judges.

Nippon Yusen Kabushiki Kaisha chartered a ship that collided with a U.S. Navy destroyer in Japanese territorial waters. The collision killed seven sailors, injured at least forty others, and prompted the two lawsuits consolidated before us on appeal. The district court dismissed the cases, concluding that personal jurisdiction, under FED. R...

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