2011

Daimler AG v. Baumen 

Key Issue
Whether it violates due process for a court to exercise general personal jurisdiction over a foreign corporation based solely on the fact that an indirect corporate subsidiary performs services on behalf of the defendant in the forum state.

OFII Brief

Court's Ruling

Outcome decided on January 14, 2014

The Court unanimously held that Diamler is not amenable to suit in California for injuries allegedly caused by conduct of MB Argentina that took place entire outside of the United States.     

 

Carijano v. Occidental Petroleum Corp

Key Issue 
Whether a court has a right to dismiss a case based on the doctrine of forum non conveniens because the suit would be more appropriately litigated in a foreign court with a closer connection to the case’s parties and facts. Carijano requested a rehearing because the District Court for the Central District of California dismissed the case based on forum non conveniens.

OFII Brief

Court’s Ruling

Outcome decided on June 1, 2011 
The U.S. Court of Appeals for the Ninth Circuit ruled that the petition for rehearing was granted because the District Court abused its discretion by dismissing the lawsuit without imposing mitigating conditions for the dismissal.