Stephen E. Sachs, Letter Brief of Professor Stephen E. Sachs as Amicus Curiae, King v. Bon Charge (2025).
Abstract: This letter brief, submitted in King v. Bon Charge, No. 1:25-cv-105-SB (D. Del. filed Jan. 24, 2025), argues that the Court should apply Rule 4(k)(2) to exercise jurisdiction over a foreign defendant sued on a federal claim. In particular, it argues (1) that the Court should adopt other circuits’ practice of expecting a defendant who resists Rule 4(k)(2) jurisdiction to name a state where jurisdiction might be available, (2) that Rule 4(k)(2) incorporates actual Fifth Amendment standards, not the state-mirroring standards that many thought might apply before Fuld v. PLO, and (3) that the original Fifth Amendment did not restrict Congress’s power to vest the courts with personal jurisdiction over defendants found abroad.