California to Apply Sharia Law in an Asbestos Exposure Case!…Sort Of

www.lexology.com ^ | 11/15/2018 | Gordon Rees

[aimhigh]

A judge in the southern California coordinated asbestos matters issued an order applying Iranian law where all of a California plaintiff’s alleged exposure to asbestos occurred in Iran. In Sabetian v. Air and Liquid Systems Corporation, Judge John Kralik applied Iranian law on (1) punitive damages, (2) strict liability, and (3) joint and several liability. However, the court declined to apply the Iranian (1) standard of negligence, (2) the cap on general damages, and (3) the formula to determine loss of consortium damages.

Other judges in this court when presented with a similar issue have declined to apply Iranian law due to the religious influence on Iranian law. Judge Kralik nevertheless stated that “these provisions of law appear well-established, civil, and secular in nature…and these laws do not radically or offensively differ from traditions in the law of the various United States.”

[aimhigh]

drip, drip, drip, . ..

[ElkGroveDan]

John Kralik applied Iranian law on (1) punitive damages

Punitive damages! So are they going to throw the defendant company execs off a roof? Or stone them to death?

[rockinqsranch]

This Judge isn’t in Iran, or any other Muslim country, or is he!?

[seawolf101]

So which hand gets cut off and who is going to be beheaded? Inquiring minds want to know.

[Blood of Tyrants]

I can’t imagine this will stand up to appeal.

[Robert A Cook PE]

Can we apply Sharia Law to the judge?

His family?

[Robert DeLong]

John Kralik

JOHN KRALIK was born in Cleveland, Ohio, and attended the University of Michigan for college and law school. He practiced law for 30 years, and was a partner in the law firms of Hughes Hubbard & Reed, Miller Tokuyama Kralik & Sur, and Kralik & Jacobs. In 2009, he was appointed a judge of the Los Angeles Superior Court. He lives in the Los Angeles area.

The method of judicial selection for the California Superior Courts is officially nonpartisan election of judges, though many judges join the court via gubernatorial appointment (2009 - Arnold Schwarzenegger). Once judges are appointed, they compete in the next general election following appointment.

If an incumbent superior court judge files for re-election and draws no opponent, that race does not appear on the ballot. If the race is contested, the candidate who wins more than 50 percent of the vote is elected. If no candidate receives more than 50 percent, the top two compete in a runoff in the general election in November

[HiTech RedNeck]

Does the defendant have a United States presence? If so, it ought to be US law, if not, the USA shouldn’t be even its venue.

[MadMax, the Grinning Reaper]

Maybe the Iranian Ambassador/Embassy/Consulate to the UN would qualify as an Iranian presence for this case.
It should have been brought in Iran, not the US as these were people employed (presumably, willingly), to work there.

The US has no jurisdiction re overseas workers who are not connected to US firms, service agencies or official US diplomatic/military missions (as far as I can see).

I expect this case to be remanded back to the LA Superior Court on the grounds that it does not have jurisdiction to either hear the case or impose judgmental (Iranian)penalties/jurisdiction in lieu of US penalties.

[Don W]

Oh, for the love of G_D!!

Here’s a constitutional amendment for y’all!

ANY and EVERY law proposed before the House of Representatives AND the Senate shall justify itself through direct quotation of the verbiage in the Constitution validating its very existence.

Just for stuff and snickers regarding activist judges

ANY judge in ANY jurisdiction even SUSPECTED of using any laws other than those passed by the legislative bodies they are BEHOLDEN and responsible TO, said judge WILL be suspended for review IMMEDIATELY, and if found to have used aforementioned extra-jurisdictional “guidelines”, shall be hanged by the neck until dead, (now my personal vindictiveness takes over) then drawn, quartered then pilloried.

Their heads shall be displayed upon pikes along the National Mall until all flesh has rotted from the skull, after which these same skulls shall be cremated, and the ash be dumped into the depths of the seas, air-dropped during the execution of various and sundry training refuelling flights of a minimum of 4000 miles duration over ANY large sea.

There shall be NO possibility of recognition of any gravesite, therefore whatever training operation shall have no indication of their mission.

Now then, shall we discuss what I think about electoral malfeasance?

No, that’s fodder for a different evening, methinks.

[HiTech RedNeck]

That’s kind of what I was thinking, too. If an American goes abroad to a foreign country and gets in trouble with that country’s law, generally the USA can do nothing except to make attempts at diplomatic intercession. Why is civil law different? Unless there is some special US law for suing foreign entities over hazmat exposure, why is this lawsuit even happening here. I’m not saying that’s impossible. It’s just curious.

[HiTech RedNeck]

Ridiculous. Even Roy Moore would walk out.

[wholy1]

Ah, only in Hollyweird/sex pervert/lib-turd lunacy land Californication. As a “Zonie” next door, getting increasingly alarmed about said “infecting” this State with same.

[bert]

The matter is settled. There is a pool of money to pay future claims.

It is my understanding thet there is money in the pool but claims are mostly all paid. The lawyers troll for plaintiffs on TV but few show up

[SunkenCiv]

The Three Amigos

Iran's President Hassan Rouhani, Russia's Vladimir Putin and Turkey's Tayyip Erdogan meet in Sochi, Russia November 22, 2017. (photo credit: SPUTNIK/MIKHAIL METZEL/KREMLIN VIA REUTERS)