Estigoy
Estigoy v. OSG Car Carriers, Inc.
Opinion
Lead Opinion
MEMORANDUM *
Silverino Estigoy (“Estigoy”) brought this action under the Jones Act, 46 U.S.C. § 688 , against OSG Car Carriers (“OSG”) for negligence, unseaworthiness, and main *845 tenance and cure. 1 We review the district court’s dismissal for lack of personal jurisdiction de novo. Myers v. Bennett Law Offices, 238 F.3d 1068, 1071 (9th Cir.2001). Because OSG did not purposefully avail itself of the Hawaiian forum, we affirm.
DISCUSSION
‘Where, as here, there is no applicable federal statute governing personal jurisdiction, the law of the state in which the district court sits applies.” Core-Vent Corp. v. Nobel Indus. AB, 11 F.3d 1482, 1484 (9th Cir.1993). Looking, then, to Hawaii’s long-arm statute, our inquiry is twofold: (1) we must consider whether the statute authorizes jurisdiction over the non-resident defendant, OSG; and (2) whether the exercise of that jurisdiction comports with constitutional due process. Myers, 238 F.3d at 1072 . Hawaii’s long-arm statute, HRS § 634-35, authorizes jurisdiction to the extent permitted by due process. Cowan v. First Ins. Co., 61 Haw. 644 , 608 P.2d 394, 399 (Haw.1980). Thus, we consider only whether the exercise of personal…