Too Far from Home: Why Daimler's "At Home" Standard Does Not Apply to Personal Jurisdiction Challenges in Anti-Terrorism Act Cases
The Anti-Terrorism Act is a federal statute enacted to help grant recourse to United States plaintiffs who have lost family members in international acts of terrorism. A recent handful of Anti-Terrorism Act cases have been brought against the Palestinian Liberation Organization and the Palestinian Authority by plaintiffs whose family members were killed in terrorist attacks. A split between two district courts exists regarding whether personal jurisdiction in these cases is constitutional after the Supreme Court¿s 2014 decision in Daimler AG v. Bauman. This Comment explores the application of personal jurisdiction under the Fifth and Fourteenth Amendments and argues that Daimler should not be applied to cases brought under the Anti-Terrorism Act. Instead, personal jurisdiction over the Palestinian Liberation Organization and the Palestinian Authority should be assessed under the federal due process standards of the Fifth Amendment, quashing concerns about the constitutionality of personal jurisdiction over these two entities.
Too Far from Home: Why Daimler's "At Home" Standard Does Not Apply to Personal Jurisdiction Challenges in Anti-Terrorism Act Cases,
Emory L. J.
Available at: https://scholarlycommons.law.emory.edu/elj/vol66/iss1/4