Case: 20-30382 Document: 00516434558 Page: 1 Date Filed: 08/16/2022 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 16, 2022 No. 20-30382 Lyle W. Cayce Clerk Stephen Douglass, Individually and as personal representative of the Estate of Shingo Alexander Douglass; Dora Hernandez, Individually and as personal representative of the Estate of Noe Hernandez; Lan Huynh, Individually and as personal representative of the Estate of Ngoc Truong Huynh; Darrold Martin, Individually and as personal representative of the Estate of Xavier Alec Martin; Erin Rehm, Individually and as personal representative of the Estate of Gary Leo Rehm, Jr.; Lloyd Wayne Rigsby, Jr., Individually and as personal representative of the Estate of Dakota Kyle Rigsby; Carmen Sibayan, Individually and as personal representative of the Estate of Carlos Victor Ganzon Sibayan, Plaintiffs—Appellants, versus Nippon Yusen Kabushiki Kaisha, Defendant—Appellee, consolidated with _____________ No. 20-30379 _____________ Case: 20-30382 Document: 00516434558 Page: 2 Date Filed: 08/16/2022 No. 20-30382 c/w No. 20-30379 Jhon Alcide; Richard Allen-Easmon; Dustin Angle; Jesus Arguello; Valerie Arguello, Et al Plaintiffs—Appellants, versus Nippon Yusen Kabushiki Kaisha, Defendant—Appellee. Appeals from the United States District Court for the Eastern District of Louisiana USDC Nos. 2:19-CV-13688 & 2:19-CV-13691 ON PETITION FOR REHEARING EN BANC Before Richman, Chief Judge, and Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson, Circuit Judges. Edith H. Jones, Circuit Judge, joined by Richman, Chief Judge, and Smith, Stewart, Dennis, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, and Wilson, Circuit Judges:* The issue before the en banc court is whether a federal court may exercise personal jurisdiction over a foreign corporation for federal claims, which arise from injuries and deaths of American naval personnel in a collision in foreign waters. To succeed, the plaintiffs must show either that * Judge Haynes concurs in the judgment only. Senior Judge King was a member of the panel but chose not to participate in en banc rehearing. 2 Case: 20-30382 Document: 00516434558 Page: 3 Date Filed: 08/16/2022 No. 20-30382 c/w No. 20-30379 the foreign corporation is “at home” in the United States or that their claims arise from or relate to the foreign corporation’s business activities in the United States. The district court rejected the first alternative based on substantial precedent; the plaintiffs foreswore, as they had to, reliance on the second alternative. We AFFIRM. I. Background Nippon Yusen Kabushiki Kaisha (“NYK”), incorporated and headquartered in Japan, is a major global logistics company that transports cargo by air and sea. For its seaside operations, NYK owns or charters a formidable fleet that includes bulk carriers, container ships (of all sizes), car transporters, tankers, cruise ships, shuttle tankers, drillships, and LNG carriers, among other vessels.1 NYK charters more than half of the ships it uses to transport cargo.2 The vessels call port throughout the world. Between 2017 and 2019, about seven percent of the worldwide port calls made by NYK owned or chartered vessels were in the United States, totaling about …
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