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IN RE TERRORIST ATTACKS ON SEPTEMBER 11, 2001
811
Cite as 349 F.Supp.2d_ 765 (S.D.N.Y. 2005)
Hanson v. Denckla, 357 U.S. 235, 253, 78
§.Ct. 1228, 2 L.Ed.2d 1288 (1958)).
[52] For purposes of the minimum con-
tacts inquiry, a distinction is made be-
tween specific and general jurisdiction.
Specific jurisdiction exists when the forum
exercises jurisdiction over the defendant in
a suit arising out of the defendant’s con-
tacts with that forum. Metro. Life Ins. 84
F.3d at 567-68. General jurisdiction is
based on the defendant’s general business
contacts with the forum; because the de-
fendant’s contacts are not related to the
suit, a considerably higher level of contacts
is generally required.™ Jd. at 568.
2. Reasonableness
[53] In determining whether the exer-
cise of personal jurisdiction is reasonable,
a court is to consider:
(1) the burden that the exercise of juris-
diction will impose on the defendant; (2)
the interests in the forum state in adju-
dicating the case; ©) the plaintiffs in-
terest in obtaining convenient and effec-
tive relief; (4) the interstate judicial
system’s interest in obtaining the most
efficient resolution of the controversy;
and (5) the shared interest of the states
in furthering substantive social policies.
Metro. Life, 84 F.3d at 568 (citing Asahi
Metal Indus. Co. v. Superior Court, 480
U.S. 102, 113-16, 107 S.Ct. 1026, 94
L.Ed.2d 92 (1987)). “These considerations
sometimes serve to establish the reason-
ableness of jurisdiction upon a lesser show-
ing of minimum contacts than would other-
wise be required.” Burger King, 471 U.S.
at 477, 105 S.Ct. 2174.
[54] There obviously are competing
policy considerations at play here. In gen-
34. At oral argument, Plaintiffs focused on
specific jurisdiction, see Oct. 12, 2004 Tran-
script at 44, but Plaintiffs include general
jurisdiction arguments in many of their oppo-
eral, “‘preat care and reserve should be
exercised when extending our notions of
personal jurisdiction into the international
field’” Asahz Metal Indus. 480 U.S. at
115, 107 8.Ct. 1026 (quoting United States
v. First Nat'l City Bank, 379 U.S. 378, 404,
85 S.Ct. 528, 138 L.Ed.2d 365 (1965) (Har-
lan, J., dissenting)). “[T]he unique bur-
dens placed upon one who must defend
oneself in a foreign legal system should
have significant weight in assessing the
reasonableness of stretching the long arm
of personal jurisdiction over national bor-
ders.” Jd. at 114, 107 S.Ct. 1026. On the
other hand, “[t]here is some merit ... to
the plaintiffs’ argument that no foreign
terrorist today can fairly assert a lack of
‘fair warning’ that it could be ‘haled into
court’ in [this forum.]” Beton v. Palestine-
an Interim Self-Government, 310
F.Supp.2d 172, 178 (D.D.C.2004).
C. Jurisdictional Discovery
[55,56] Plaintiffs urge the Court to
deny Defendants’ motions and order juris-
dictional discovery. In evaluating jurisdic-
tional motions, district courts enjoy broad
discretion in deciding whether to order
discovery. See, eg., APWU v. Potter, 348
F.3d 619, 627 (2d Cir.2003) (noting a court
may “devis[e] the procedures [to] ferret
out the facts pertinent to jurisdiction”);
Marine Midland Bank, N.A. v. Miller, 664
F.2d 899, 904 (2d Cir.1981) (noting a court
has considerable procedural leeway in de-
ciding whether discovery would assist res-
olution of motion to dismiss for lack of
personal jurisdiction); Lehigh Valley In-
dus. v. Birenbaum, 527 F.2d 87, 938-94 (2d
Cir.1975) (finding no abuse of discretion in
denying discovery where the complaint
failed to plead sufficient facts to establish
sition briefs, see, e.g., Ashton Opp. to Prince
Mohamed at 22-24; Burnett Opp. to Aljo-
maih at 11. The Court considers all argu-
ments.
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