Six judges on the U.S. Court of Appeals for the Ninth Circuit urged their colleagues in vain Tuesday to overturn the court’s precedent that requires plaintiffs show a foreign defendant has “minimum contacts” with the United States before a federal court can have jurisdiction to hear the case.
A Ninth Circuit panel last year said a district court lacked jurisdiction over satellite company Devas’ lawsuit seeking to confirm a $1.3 billion arbitration award against Indian state-owned entity Antrix. In a 1980 precedential ruling, the circuit held foreign states may be sued in federal court under the Foreign Sovereign Immunities Act for certain types of claims only after there’s a showing that a defendant had minimum contacts with the United States.
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