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Amendment’s due process require- Pugh, 290 F.Supp.2d at 58. While the ments, Plaintiffs must make a prima facie FSIA is not the basis for personal jurisdic- showing of each Defendant’s personal or tion here, jurisdiction based on the ATA or direct participation in the conduct giving Rule 4(k)@) also requires minimum con- rise to Plaintiffs’ injuries. tacts with the United States. Accordingly, Plaintiffs may rely on their “purposefully | 3. Mass Torts Theory directed” theory to establish these mini- [45] In addition to the arguments ar- mum contacts. But as existed in Burger ticulated above, the Federal Plaintiffs sub- King, Calder, and the three terrorism mit that the Court should utilize a modi- cases, Plaintiffs must allege some personal fied due process standard appropriate for or direct involvement by the Defendants in mass torts. See, e.g., Federal Prince Turki the conduct giving rise to their claims. Opp. at 28; Federal Prince Mohammed See, eg. Daliberti, 97 F.Supp.2d at 41 Opp. at 12; SAAR Network Opp. at 12-13. (explaining that defendant Iraq had held Courts in the Eastern District of New and tortured plaintiffs and that three of York have outlined the modified standard four plaintiffs were released only after in products liability cases as follows: the U.S. officials’ explicit negotiations with state’s interests in the litigation replace their Iraqi counterparts); Pugh, 290 contacts with the forum as the constitu- F.Supp.2d at 56 (noting that seven individ- tional touchstone and the “reasonableness” ual Libyan defendants were sued in the inquiry is replaced with a hardship analy- United States after extensive official sis. Simon v. Philip Morris, 86 F.Supp.2d French investigation and that these defen- 95, 129 (E.D.N.Y.2000); In re DES Cases, dants were deemed to be responsible for 789 F.Supp. 552, 587 (E.D.N.Y.1992). The HOUSE_OVERSIGHT_017874
February 8, 2026 at 3:25 AM
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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001 809 Cite as 349 F.Supp.2d 765 (S.D.N.Y. 2005) cans would be on board. /d. Finally, the the bombings in both civil and criminal court reasoned that the “interest of the proceedings); see also In re Magnetic Au- United States in preventing and punishing diotape, 334 F.3d at 208 (2d (stating a international terrorism has been a matter “court may exercise personal jurisdiction of worldwide common knowledge for over defendant consistent with due process years.” Id. (citing statutes criminalizing when defendant is primary participant in terrorist acts). “It logically follows that if intentional wrongdoing—albeit extraterri- federal courts may constitutionally exer- torially—expressly directed at forum”) cise criminal jurisdiction over such individ- (citing Calder v. Jones, 465 U.S. at 789-90, uals, the Constitution should be no bar to 104 S.Ct. 1482); Time, Inc. v. Simpson, those same federal courts, in a civil action No. 02 Civ. 49170MBM), 2003 WL ... exercising civil in personam jurisdic- 23018890, at *5 (S.D.N.Y. Dec. 22, 2003) tion over those same individuals for the (finding Calder turned on “personal in- same acts.” Id. volvement of the individual defendants in the particular conduct that gave rise to the [44] The courts in Rein, Daliberti, and plaintiff's claim” and granting motion to Pugh properly exercised personal jurisdic- dismiss because plaintiff had not demon- tion over each of the defendants in those strated that defendant had had any per- cases pursuant to the FSIA, which specifi- sonal involvement in the events giving rise cally provides that personal jurisdiction ex- to the lawsuit). Accordingly, regardless of ists where proper service and subject mat- whether personal jurisdiction is based on ter jurisdiction have been established. 28 the ATA’s nationwide service of process U.S.C. § 1330(b); Rein, 995 F.Supp. at provision or Rule 4(k)(2), to satisfy the 329-30; Daliberti, 97 F.Supp.2d at 52; Fifth
February 8, 2026 at 3:25 AM