Supreme Court Agrees to Hear Another Human Rights Case

by Roger Alford

This time it is about general personal jurisdiction of a foreign parent corporation based on alleged human rights violations of one subsidiary in a foreign country and unrelated activities of another subsidiary within the forum. The question presented in Daimler Chrysler AG v. Bauman is as follows:

Daimler AG is a German public stock company that does not manufacture or sell products, own property, or employ workers in the United States. The Ninth Circuit nevertheless held that Daimler AG is subject to general personal jurisdiction in California—and can therefore be sued in the State for alleged human-rights violations committed in Argentina by an Argentine subsidiary against Argentine residents— because it has a different, indirect subsidiary that distributes Daimler AG-manufactured vehicles in California. It is undisputed that Daimler AG and its U.S. subsidiary adhere to all the legal requirements
necessary to maintain their separate corporate identities. The question presented is 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.

Scotusblog and ConflictofLaws.net have commentary.

http://opiniojuris.org/2013/04/22/supreme-court-agrees-to-hear-another-human-rights-case/

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