United States v. Swiss American Bank, Ltd.

The majority concludes that the district court did not abuse its discretion in denying jurisdictional discovery. I respectfully disagree with that conclusion, and there*628fore dissent. My disagreement with the majority stems in large part from the majority’s treatment of Calder v. Jones, 465 U.S. 783, 104 S.Ct. 1482, 79 L.Ed.2d 804 (1984). In assessing whether the government’s tort claims arise out of or relate to SAB’s contacts with the forum, the majority states that, “since Calder’s ‘effects’ test is relevant only to the purposeful availment prong, it cannot be used to strengthen the…