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DOUGLASS v. NIPPON YUSEN KABUSHIKI KAISHA

No. 20-30382. consolidated with No. 20-30379.

46 F.4th 226 (2022)

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 August 16, 2022.

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, Marc Fiedler, Esq. , David M. Schloss , Koonz McKenney Johnson & DePaolis, L.L.P., Washington, DC, Thomas Schoenbaum , Seattle, WA, for Plaintiffs-Appellants.

Eric John Matheson, Esq. , Thomas M. Canevari, Esq. , Freehill 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.

David A. Baron , Berliner, Corcoran & Rowe, L.L.P., Washington, DC, for Amicus Curiae Victims of Cuban Confiscation.

Alan Butler Morrison , George Washington University, Washington, DC, for Amicus Curiae Civil Procedure Law Professors.

Edith H. Jones, Circuit Judge, joined by Richman, Chief Judge, and Smith, Stewart, Dennis, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, and Wilson, Circuit Judges:

The issue before the en banc court is whether a federal court may exercise personal jurisdiction over a foreign corporation for federal claims, which arise from injuries and deaths of American naval personnel in a collision in foreign waters. To succeed, the plaintiffs must show either that the foreign corporation is "at home" in the United States or that their claims arise from or relate to the foreign corporation's business activities in the United States. The district...

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