Conflict of Laws
  • About
  • Editorial board
  • Subscription
  • Submission
  • Materials
  • Contact
  • Click to open the search input field Click to open the search input field Search
  • Menu Menu

Asserting Personal Jurisdiction in Human Rights Cases

September 9, 2009/in /by Trey Childress
image_pdfimage_print

My colleague Roger Alford has a fascinating post over at the blog Opinio Juris (available here) detailing a recent decision of the United States Court of Appeals for the Ninth Circuit in the case of Bauman v. DaimlerChrysler AG.  In that case, a panel of the Ninth Circuit held that a United States federal district court did not have personal jurisdiction over DaimlerChrysler because the corporation did not have continuous and systematic contacts with the forum.  The case arose out of the alleged kidnapping, detention, and torture of Argentinian citizens in Argentina by Argentinian state security forces acting at the direction of Mercedes Benz Argentina.  The plaintiffs sued the parent company, DaimlerChrysler AG, and the Ninth Circuit concluded that it lacked personal jurisdiction.

As Roger notes, this conclusion is not surprising under current US caselaw.  What is perhaps surprising is Judge Stephen Reinhardt’s dissent, in which he argues that promoting international human rights is a state interest that should factor into a finding of personal jurisdiction.  Reinhardt first concluded that DaimlerChrysler AG had minimum contacts in the forum through its American subsidiary.  He then examined whether it was reasonable to assert jurisdiction based on seven factors, including “the state’s interest in adjudicating the suit.”

As Roger explains, this looks very much like a forum non conveniens argument “dressed up as an assertion of personal jurisdiction.”  On the one hand, such an argument is clearly incorrect in that personal jurisdiction and forum non conveniens are different analytical frameworks.  In the context of personal jurisdiction, the question is whether the assertion of jurisdiction by a United States court is appropriate under due process.  In the context of forum non conveniens, the question is whether the forum is a convenient place for resolving the suit in light of various public and private factors.  On the other hand, there is a close relationship between the two doctrines.  The historical development of the forum non conveniens doctrine in the US was closely related to evolving concepts of judicial jurisdiction in the early 1900s.  As Pennoyer’s strict territoriality rules were transformed into a minimum contacts analysis under International Shoe, it is arguable that forum non conveniens in the US was employed to moderate expansive jurisdiction by US courts.  In that the two are connected historically, it was perhaps appropriate for Reinhardt to conflate the two analyses under a reasonableness approach.  Although, there was perhaps no reason to reach the question of reasonableness given the state of the law as to subsidiaries.

Share this entry
  • Share on Facebook
  • Share on X
  • Share on WhatsApp
  • Share on Pinterest
  • Share on LinkedIn
  • Share on Tumblr
  • Share on Vk
  • Share on Reddit
  • Share by Mail
https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png 0 0 Trey Childress https://conflictoflaws.net/News/2020/08/CoL_Banner-1.png Trey Childress2009-09-09 18:31:552009-09-09 18:31:55Asserting Personal Jurisdiction in Human Rights Cases

Categories

  • Views
  • News

Most Recent Posts

  • Political Immobilisation of Iranian Diaspora Property: Lex Situs, Human Rights and Public Policy August 22, 2026
  • The Demise of the Lex Domicilii Matrimonii in South African Private International Law August 18, 2026
  • Support in cross-border transactions by Adults: Contract law vs capacity law August 12, 2026
  • Recognition of Italian Extrajudicial Divorces in Tunisia — Between Methodological Uncertainty and the Need to Preserve Continuity of Personal Status Across Borders August 9, 2026
  • Private International Law and European Society August 4, 2026
  • The New Zealand Supreme Court’s judgment in Kea Investments Ltd v Wikeley on anti-enforcement relief August 3, 2026
  • Beyond Domicile: The BHP Litigation and the Functional Interconnection of Public and Private International Law August 3, 2026
  • Conflicts of jurisdiction in Senegal: lesson from the Senegalese Supreme Court on Lis Pendens and the Exequatur of foreign judgments July 27, 2026
  • Adoption in the proposal for a European Parenthood Regulation July 21, 2026
  • Copyright, Targeting and Geo-Blocking: The CJEU Stirs the Pot July 15, 2026
  • A Follow-Up: The German Judges Association’s Response to the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions July 15, 2026
  • Private International Law Dimensions of Singapore’s New Legislation to Combat Online Harms July 14, 2026
  • The 1961 HCCH Apostille Convention: Why All African Countries Should Ratify It? — Insights from Judicial Practice in Africa July 14, 2026
  • The enforcement of an advance on costs for substitute performance at the expense of a Russian debtor in German-French legal relations July 2, 2026
  • “Yes, in principle, but not quite there yet…” – Some Observations on the Public Consultation on the HCCH Draft Text of a Future Convention on Parallel Proceedings and Related Actions June 29, 2026
Link to: International Max Planck Research School on Successful Dispute Resolution in International Law: Doctoral Research Positions Link to: International Max Planck Research School on Successful Dispute Resolution in International Law: Doctoral Research Positions International Max Planck Research School on Successful Dispute Resolution in... Link to: Conference: “Tendenze e resistenze all’uniformazione del diritto privato e del diritto processuale civile nell’Unione europea” (Padova, 17-18 September) Link to: Conference: “Tendenze e resistenze all’uniformazione del diritto privato e del diritto processuale civile nell’Unione europea” (Padova, 17-18 September) Conference: “Tendenze e resistenze all’uniformazione del diritto...
Scroll to top Scroll to top Scroll to top