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Huddled Masses Yearning to Strike It Rich: Foreign Plaintiffs Shopping for Gold in American Courts
Law ^ | July 17, 2009 | Paul G. Cereghini and John D. Sear

Posted on 07/23/2009 12:27:17 AM PDT by 2ndDivisionVet

"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest-tost to me, I lift my lamp beside the golden door!"

-- Emma Lazarus, "The New Colossus" (engraved on pedestal of Statue of Liberty)

Foreign litigants suing American companies for torts committed abroad hope the golden door swings open into American courtrooms, even when the conduct and events underlying their claims occurred in far-off lands and have no effect on U.S. citizens. With increased frequency, American companies conducting operations abroad face lawsuits in American courts by foreign plaintiffs seeking the benefits of the American system of justice.

Foreign plaintiff forum shopping affects not only the parties to the case, but impacts broader societal, economic and governmental interests as well. The Institute for Legal Reform, an affiliate of the U.S. Chamber of Commerce, contends that global forum shopping creates uncertainty for corporations operating in U.S. markets, discourages foreign investors in U.S. companies and compromises U.S. foreign relations by encouraging expansion of foreign court jurisdiction to counter American judicial expansion. (Global Forum Shopping Fact Sheet; last visited June 15, 2009).

(Excerpt) Read more at law.com ...


TOPICS: Business/Economy; Crime/Corruption; Extended News; Foreign Affairs; Government
KEYWORDS: courts; economy; judiciary; lawsuits; tort
Comments?
1 posted on 07/23/2009 12:27:17 AM PDT by 2ndDivisionVet
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To: 2ndDivisionVet

It’s easier than the lottery.


2 posted on 07/23/2009 12:33:09 AM PDT by Jet Jaguar
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To: 2ndDivisionVet
Emma Lazarus, "The New Colossus"

Comments? Yup. That oft mentioned poem is the result of Emma Lazurus' entry to a contest.

It had nothing to do with this country or it's desire to house the rest of the world.

It was all about the erection of the Statue de Liberte and the BASE upon which it was to be built. (they needed to raise money).

3 posted on 07/23/2009 12:44:07 AM PDT by This_far
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To: 2ndDivisionVet
What happened someone spilt hot coffee on themselves at a Micky D's in China?
4 posted on 07/23/2009 12:45:15 AM PDT by guitarplayer1953 (Warning: Some words may be misspelled/ You will get over it / Klingon is my 1st language)
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To: Jet Jaguar

More certain too.

I dont see how US courts can rule in cases where the US jurisdiction does not reach, even if it involves “US” companies (whatever that means in the age of the giant mulitnationial).


5 posted on 07/23/2009 12:47:07 AM PDT by Vanders9
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To: 2ndDivisionVet

i can’t believe this! This is outrageous!


6 posted on 07/23/2009 12:48:11 AM PDT by tallyhoe
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To: 2ndDivisionVet
"With increased frequency, American companies conducting operations abroad face lawsuits in American courts by foreign plaintiffs seeking the benefits of the American system of justice."

We reap what we sow.


7 posted on 07/23/2009 3:06:49 AM PDT by familyop (cbt. engr. (cbt), NG, '89-' 96, Duncan Hunter or no-vote)
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To: This_far

It’s a stirring poem, but a stupid policy. Most rousing speeching advocate disasterous policies. Ask Albert Speer.


8 posted on 07/23/2009 3:21:14 AM PDT by Lonesome in Massachussets (AGWT is very robust with respect to data. All observations confirm it at the 100% confidence level.)
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To: Lonesome in Massachussets
It’s a stirring poem, but a stupid policy.

Agreed.

My gripe is that most believe the statue was built in response to a non existent US policy, ie the poem.

She wrote the darn thing to win $100.

9 posted on 07/23/2009 3:31:42 AM PDT by This_far
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To: 2ndDivisionVet

Still remember the Indian guy who went into McDonald’s and had the fries, then sued for umpty million bucks when he “found out” there was beef residue in them.

And the chumps on the jury bent over for this massive con artist and awarded him millions!

Ka-ching - jackpot!


10 posted on 07/23/2009 3:38:34 AM PDT by Jack Hammer
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11 posted on 07/23/2009 3:48:00 AM PDT by bcsco (When Obama mentioned shovel ready jobs, I never thought he might be thinking of graves.)
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To: tallyhoe

If there is one thing that needs reforming in this country bigtime, it’s tort reform. These types of cases should not be allowed in our courts at all.


12 posted on 07/23/2009 4:49:19 AM PDT by flaglady47 (Oh what wicked webs he weaves, as Obama knows he must deceive)
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To: 2ndDivisionVet
With increased frequency, American companies conducting operations abroad face lawsuits in American courts by foreign plaintiffs seeking the benefits of the American system of justice.

Who cares? The labor is soooo cheap. /s

13 posted on 07/23/2009 4:50:16 AM PDT by Oatka ("A society of sheep must in time beget a government of wolves." –Bertrand de Jouvenel)
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To: 2ndDivisionVet

Sueing a company at its place of incorporation is pretty much standard fare around the world. Of course there’s nowhere else where such ridiculous ‘damage’ amounts are awarded.

What’s worse, though, is that US courts allow suits against foreign companies for supposed torts occurring outside the US. Where’s the connection there? Some US judges must think they’re god-like.


14 posted on 07/23/2009 5:47:00 AM PDT by Moltke
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To: Vanders9; Jet Jaguar; 2ndDivisionVet
I dont see how US courts can rule in cases where the US jurisdiction does not reach, even if it involves “US” companies (whatever that means in the age of the giant mulitnationial).

How's that? The judges just have to empathize with the plaintiffs.

15 posted on 07/23/2009 5:22:15 PM PDT by Paleo Conservative
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To: flaglady47

I agree!!!!


16 posted on 07/24/2009 12:01:37 AM PDT by tallyhoe
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To: Paleo Conservative
The judges are supposed to be impartial and to consider only the law, which is supposed to cover only the areas of their jurisdiction and supposed not to differentiate between peoples/organisations, no matter how rich/poor, inconsequential/influential they are. .. .. .. Yeah youre right. They are just going to side with the plaintiffs aren't they?
17 posted on 07/24/2009 2:07:45 AM PDT by Vanders9
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