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This Ain’T The Texas Two Step Folks: Disharmony, Confusion, And The Unfair Nature Of Personal Jurisdiction Analysis In The Fifth Circuit, Angela M. Laughlin

Angela M Laughlin

This article explores the deep divide in federal and state courts over the proper application of the minimum contacts test, as well as the arguments in favor of each test. As a case study, this article will use the Fifth Circuit Court of Appeals as a model of how personal jurisdiction analysis is playing out in the federal circuit courts. It will explore how this circuit court has resolved the foreseeability issue and in particular, it will explore the additional burdens placed by that Circuit’s reading of Burger King v. Rudzewicz, which transfers the burden of proof of the fundamental …