Thursday, October 3, 2013
The Vanderbilt Law Review recently published its semiannual Roundtable in which includes essays on DaimlerChrysler v. Bauman, set to be argued in the Supreme Court on October 15. Professors Linda Silberman, Burt Neuborne, Donald Childress III, Howard Erichson, and Suzanna Sherry contributed essays on this case and the issue of general jurisdiction.
The Vanderbilt Law Review website states the following:
Our current Roundtable considers DaimlerChrysler AG v. Bauman, which is to be argued at the Supreme Court in the October 2013 term. In Bauman, the Court will consider whether a U.S. District Court may exercise general personal jurisdiction over DaimlerChrysler AG, a foreign company, based on the alleged acts of its Argentine subsidiary. None of the alleged actions occurred in California, but Respondents argue that the the contacts of DaimlerChrysler’s California subsidiary should be imputed to the parent company and thus that California may exercise general jurisdiction. The authors have much material to work with on this issue, but how the Court frames the case and answers its important questions is far from clear. The last time the Court took up issues of general jurisdiction was in Goodyear Dunlop Tires, S.A. v. Brown, but the Court left open many questions pertaining to general jurisdiction that it might clarify in Bauman. The Court might also speak to the scope of the Alien Tort Statute in the wake of Kiobel v. Royal Dutch Petroleum.