5. Recall that in McIntyre, p. 133, supra, Justice Kennedys plurality opinion raised the possibility of Congress
Question:
5. Recall that in McIntyre, p. 133, supra, Justice Kennedy’s plurality opinion raised the possibility of Congress authorizing jurisdiction over a foreign defendant on the basis of national contacts. Congress has enacted nationwide service of process provisions in numerous but not all federal statutes, including the Commodity Exchange Act, 7 U.S.C. §§ 13a-1, 13a-
2(4),18
(b) (1982); the Clayton Act § 12, 15 U.S.C. § 22 (1994); the Securities Exchange Act of 1934, § 27, 15 U.S.C. § 78aa (1994); and Federal Trade Commission subpoenas, 15 U.S.C. §
49 (1982). Is the argument in favor of nationwide service of process as strong when the federal court sits in diversity and hears a state law claim?
Step by Step Answer:
Civil Procedure Cases And Materials
ISBN: 9780314280169
11th Edition
Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff