A.G., 432 F. Supp. at 663; Cryomedics, Inc. v. Spembly, Limited, 397 F. Supp. at 291. It should be noted that the growing nationalization of commerce in this country and the expansion in mobility were most recently acknowledged as jurisdictional considerations by Justice Brennan in World-Wide Volkswagen Corp., 444 U.S. at 308 & n.13, 100 S. Ct. at 585 & n.13 (1980) (Brennan, J., dissenting). Another reason for the application of the theory is the possibility that a foreign corporation "could commit serious torts or contract breaches without ever having enough contacts with any one forum to give those injured an opportunity to seek redress." Centronics Data Computer Corp. v. Mannesmann, A.G., 432 F. Supp. at 664 (noting Engineered Sports Products v. Brunswick Corp., 362 F. Supp. 722, 728 (D.Utah 1973)). In this connection, one commentator in favor of the national contacts approach has argued that the burden of forcing an alien to defend an action in a distant land must be balanced against that of a plaintiff for whom no other remedy might exist. Note, 9 Vand.J. of Transnat'l L. 435, 444 (1976). Finally, it has been urged that "(i)f the aggregate contacts approach were common, substantially greater justice might be achieved as alien defendants are forced as a condition of being allowed to cultivate and reap profits from a foreign country's market, to recognize their responsibility to the foreign country that consumes their product." Id.
Since the First Flight opinion discussed the national contacts theory in 1962, several jurisdictions have considered the approach in federal question cases. But most courts which have analyzed the theory have refused to apply it and have instead looked solely to state contacts as a basis for jurisdiction. While these courts generally acknowledge the logic of inquiring into a defendant's contacts with the United States where the suit is based upon a federally created right, they reason that they must have a federal rule or statute authorizing nationwide or worldwide service of process before doing so. See, e.g., Wells Fargo & Co. v. Wells Fargo Exp. Co., 556 F.2d 406, 418 (9th Cir. 1977) (refused to aggregate national contacts since Lanham Act did not grant the court broad service of process powers); Superior Coal Co. v. Ruhrkohle, A. G., 83 F.R.D. 414, 418-20 (E.D.Pa.1979) (rejected national contacts theory in action instituted under the Clayton and Anti-Dumping Acts); Harem-Christensen Corp. v. M. S. Frigo Harmony, 477 F. Supp. 694, 697 n.1 (S.D.N.Y.1979) (service of process in admiralty action must satisfy prerequisites to application of New York long-arm statute); Amburn v. Harold Forster Indus., Ltd., 423 F. Supp. 1302 (E.D.Mich.1976) (court limited to considering contacts with state in patent infringement action in the absence of authority for nationwide service of process); Graham Engineering Corp. v. Kemp Products Ltd., 418 F. Supp. 915, 919-20 (N.D.Ohio 1976) (same); Ag-Tronic, Inc. v. Frank Paviour Ltd., 70 F.R.D. 393, 401 (D.Neb.1976) (same); Stanley v. Local 926, International Union of Operating Engineers, AFL-CIO, 354 F. Supp. 1267, 1271 n.3 (N.D.Ga.1973) (must look to state contacts in action brought under the Civil Rights Act and the Manpower Development and Training Act of 1962); Edward J. Moriarty & Co. v. General Tire & Rubber Co., 289 F. Supp. 381, 389-90 (S.D.Ohio 1967) (must meet qualifications for state long-arm statute in action brought under the Sherman Act); Scott v. Middle East Airlines Co., S.A., 240 F. Supp. 1, 3-4 (S.D.N.Y.1965) (state contacts and not just national contacts required for jurisdiction in admiralty action brought under Death on the High Seas Act); Goldberg v. Mutual Readers League, Inc., 195 F. Supp. 778, 782-83 (E.D.Pa.1961) (apply state contacts analysis in action arising under Fair Labor Standards Act).
A review of the pertinent case law reveals that the overwhelming majority of courts which have considered the national contacts approach have rejected its application in the absence of statutory authority for service of process. After careful analysis of the rationale underlying these decisions, the court finds that it must join their ranks. We, therefore, reject plaintiff's contention in the instant matter that defendant Hitachi's national contacts may be aggregated as a basis for the exercise of jurisdiction over Hitachi.
The court's opinion in the case at bar, however, should not be construed as a total rejection of the national contacts theory. On the contrary, the court believes that it is not unfair nor unreasonable as a matter of due process to consider the nationwide contacts of an alien defendant in determining whether jurisdiction exists. As noted by Judge Wilson in his opinion in First Flight,
One fundamental principle of the Anglo-American law of jurisdiction is that a sovereignty has personal jurisdiction over any defendant within its territorial limits, and that it may exercise that jurisdiction by any of its courts able to obtain service upon the defendant.
209 F. Supp. at 736. This court also believes that many good policy reasons exist for applying the national contacts theory, particularly in those federal question cases involving alien defendants. In addition to affording greater protection to the rights of domestic plaintiffs, the national contacts approach would promote greater uniformity of treatment in actions involving federal rights since the jurisdiction of the federal court would not depend upon the liberality or conservatism of the laws of the state in which the court sits. See Hartley v. Sioux City & New Orleans Barge Lines, Inc., 379 F.2d 354, 356 n.2 (3d Cir. 1967) (by implication); Bohmann, Applicability of Shaffer to Admiralty In Rem Jurisdiction, 53 Tul.L.Rev. 135, 161-62 (1978); Note, 9 Vand.J. of Transnat'l L. 435 (1976).
We also recognize, however, that the United States has by the enactment of the Federal Rules of Civil Procedure imposed restrictions upon the exercise of personal jurisdiction by its courts. One such restriction, relevant to the case at bar, is that imposed by Rule 4(e), which provides that when substituted service is made pursuant to a state's long-arm statute, the service be made "under the circumstances and in the manner prescribed in the statute." Fed.R.Civ.P. 4(e)(2). That portion of the Rule has been interpreted to mean that service under a valid state long-arm statute in a federal court is only possible in those situations where the in-state activities of the defendant would be sufficient to invoke the long-arm statute had the defendant been sued in state court. See, e.g., Hydraulics Unlimited Mfg. Co. v. B/J Manufacturing Co., 449 F.2d 775, 777 (10th Cir. 1971); Upper Mississippi Towing Corp., 423 F.2d 535, 537 n.2 (3d Cir. 1970) (quoting Hartley v. Sioux City and New Orleans Barge Lines, Inc., 379 F.2d at 356 & n.2 (3d Cir. 1967)); Fraley v. Chesapeake and Ohio Railway Co., 397 F.2d 1 (3d Cir. 1968); Amburn v. Harold Forster Indus., Ltd., 423 F. Supp. 1302, 1305 (E.D.Mich.1976); see generally 4 C. Wright & A. Miller, Federal Practice and Procedure, § 1075, at 313 (2d ed. 1969). Thus, where service of process is effected by means of a state statute, a federal court is forced to look to the state in which the district is located to determine whether jurisdiction may be asserted over an out-of-state defendant.
While the Third Circuit has never fully addressed the national contacts theory in any opinion, it has considered whether state statutory procedures for effectuating service of process may serve to limit the jurisdiction of a federal court. In Hartley v. Sioux City & New Orleans Barge Lines, Inc., a seaman brought suit in Pennsylvania against a foreign corporation under the Jones Act and in admiralty for injuries sustained in an accident which occurred on a river in Illinois. As a first step, the court recognized that federal courts considering federal questions may exercise jurisdiction subject only to the restrictions imposed by the due process clause of the fifth amendment. 379 F.2d at 356. The court then proceeded to rule, however, that where service of process has been performed pursuant to a state statute, "the adequacy of service of process must be determined by that rule." Id. (footnote omitted). The court then looked to state law in determining whether it could exercise jurisdiction in the case. Thus, the court recognized that when state procedures are employed, the jurisdiction of a federal court in a federal question case is limited by the law of the forum state. See id. & n.2.
Plaintiff has urged the court to exercise jurisdiction on the ground that New Jersey's long-arm rule, R. 4:4-4, N.J.Court Rules (the rule employed in the case at bar) has been construed as extending New Jersey's jurisdictional reach to its constitutional limits. See Avdel v. Mecure, 58 N.J. 264, 268, 277 A.2d 207, 209 (1971). The power of the State of New Jersey, however, is still limited by the due process requirements of the fourteenth amendment. There must still be some contact of a defendant with the forum state.
It is important to note that our rejection of the national contacts approach in the instant matter is limited to those factual situations where service of process must be made pursuant to a state statute. We believe that where service can be effected through wholly federal means, a defendant's national contacts may still be a viable basis for jurisdiction in a federal question case. Thus, for instance, where Congress has provided for nationwide service of process, we can perceive of no impediment to the application of the national contacts theory with the exception of the fifth amendment's "fairness" standard. There would be no need to make reference to any state law in making service, see Rule 4(f), and concomitantly, no need to consider any fourteenth amendment or state restrictions on that service. See, e.g., Alco Standard Corp. v. Benalal, 345 F. Supp. 14, 25 (E.D.Pa.1972) (In action brought under Securities and Exchange Act, which provides for nationwide service of process, court ruled that since the Act is national in scope, the court's jurisdictional inquiry should focus on a defendant's national contacts.) The same result would also seem appropriate when service of process is made pursuant to Rule 4(d)(3), which provides for service "(u)pon a . . . foreign corporation . . . by delivering a copy of the summons and of the complaint to . . . (an) agent authorized by appointment or by law to receive service of process". Rule 4(d) (3), like Rule 4(f), provides for a strictly federal method of service and, thus, like that Rule, does not implicate any state law limitations on jurisdiction. See First Flight, 209 F. Supp. at 735; see also Angel v. Bullington, 330 U.S. 183, 192, 67 S. Ct. 657, 662, 91 L. Ed. 832 (1947); Hartley v. Sioux City and New Orleans Barge Lines, Inc., 379 F.2d at 356.
Since Congress has not enacted a federal statute authorizing nationwide service of process in admiralty actions, and since the district court's power in the present matter is therefore limited by the Federal Rules of Civil Procedure and, through them, the laws of New Jersey, we find the relevant jurisdictional inquiry to be the extent of the defendant Hitachi's contacts with New Jersey. And since we have determined that Hitachi lacks sufficient contacts with New Jersey to satisfy the jurisdictional standards set forth in International Shoe and its progeny, defendant Hitachi's Motion to Dismiss must be granted.