In Fuld v. PLO, the U.S. Court of Appeals for the Second Circuit denied a petition to rehear en banc a pair of panel decisions addressing whether federal courts can exercise personal jurisdiction over foreign entities in suits brought under the Promoting Security and Justice for Victims of Terrorism Act of 2019 (“PSJVTA”).

Judge Steven J. Menashi dissented from the denial of the en banc petition, joined by Chief Judge Debra Ann Livingston, Judge Michael H. Park, and Judge Richard J. Sullivan.  Judge Joseph F. Bianco—a member of the original panel that issued the underlying decisions—wrote a separate concurrence.