In a recent decision, Plixer International v. Scrutinizer GMBH, Case No. 18-1195 (1st Cir. 2018), the First Circuit Court of Appeals ruled that exercising personal jurisdiction over a foreign company with no American physical presence, but that maintains an interactive website accessible in the United States, complies with the requirements of the Due Process Clause.
Because the case involved a federal question, the court conducted its analysis under the Due Process Clause of the Fifth Amendment, which requires a plaintiff to demonstrate that a defendant has adequate contacts with the United States as a whole rather than a particular state.
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