Daimler AG v. Bauman
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 11-965 | 9th Cir. | Oct 15, 2013 | Jan 14, 2014 | 9-0 | Ginsburg | OT 2013 |
Holding: Daimler cannot be sued in California for injuries allegedly caused by conduct of its Argentinian subsidiary when that conduct took place entirely outside of the United States.
Judgment: Reversed, 9-0, in an opinion by Justice Ginsburg on January 14, 2014. Justice Sotomayor filed an opinion concurring in the judgment.
SCOTUSblog Coverage
- Opinion recap: A stricter view of general jurisdiction (William Baude, January 15, 2014)
- Argument recap: Trying to salvage a lost cause (Lyle Denniston, October 15, 2013)
- Argument preview: The reach of U.S. courts (Lyle Denniston, October 11, 2013)
- Academic highlight: Vanderbilt Law Review roundtable on DaimlerChrysler AG v. Bauman (Amanda Frost, October 11, 2013)
- New case on foreign corporations (FINAL UPDATE) (Lyle Denniston, April 22, 2013)
- Petition of the day (Matthew Bush, March 1, 2012)
| Date | Proceedings and Orders |
|---|---|
| 02/06/2012 | Petition for a writ of certiorari filed. (Response due March 8, 2012) |
| 02/27/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 03/05/2012 | Waiver of right of respondents Barbara Bauman, et al. to respond filed. |
| 03/06/2012 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 03/07/2012 | Brief amici curiae of Alliance of Automobile Manufacturers, Inc., et al. filed. |
| 03/08/2012 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 03/08/2012 | Brief amicus curiae of New England Legal Foundation filed. |
| 03/14/2012 | DISTRIBUTED for Conference of March 30, 2012. |
| 03/21/2012 | Response Requested . (Due April 20, 2012) |
| 04/10/2012 | Order extending time to file response to petition to and including May 21, 2012. |
| 05/02/2012 | Order further extending time to file response to petition to and including June 11, 2012. |
| 06/11/2012 | Brief of respondents Barbara Bauman, et al. in opposition filed. |
| 06/26/2012 | Reply of petitioner Daimler AG filed. (Distributed) |
| 06/27/2012 | DISTRIBUTED for Conference of September 24, 2012. |
| 04/17/2013 | DISTRIBUTED for Conference of April 19, 2013. |
| 04/22/2013 | Petition GRANTED. |
| 04/30/2013 | The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2013. |
| 04/30/2013 | The time to file respondents' brief on the merits is extended to and including August 19, 2013. |
| 05/28/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 05/30/2013 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents. |
| 06/27/2013 | Joint appendix filed. (Statement of costs filed) |
| 06/27/2013 | Brief of petitioner Daimler AG filed. |
| 07/02/2013 | Brief amici curiae of Alliance of Automobile Manufacturers, Inc., et al. filed. |
| 07/03/2013 | Brief amicus curiae of Professor Lea Brilmayer filed. |
| 07/03/2013 | Brief amicus curiae of Product Liability Advisory Council, Inc. filed. |
| 07/03/2013 | Brief amici curiae of New England Legal Foundation, et al. filed. |
| 07/05/2013 | Brief amicus curiae of the United States filed. |
| 07/05/2013 | Brief amici curiae of Economiesuisse, at al. filed. |
| 07/05/2013 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. |
| 07/05/2013 | Brief amicus curiae of Atlantic Legal Foundation filed. |
| 07/05/2013 | Brief amici curiae of Viega GmbH & Co., et al. filed. |
| 07/22/2013 | CIRCULATED. |
| 07/23/2013 | SET FOR ARGUMENT on Tuesday, October 15, 2013. |
| 08/09/2013 | Record received from the U.S.C.A. Ninth Circuit - 1 box. |
| 08/09/2013 | Record received from U.S.D.C. California Northern District - 1 envelope. |
| 08/13/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 08/19/2013 | Brief of respondents Barbara Bauman, et al. filed. (Distributed) |
| 08/26/2013 | Brief amici curiae of German Institute for Human Rights, et al. filed. (Distributed) |
| 08/26/2013 | Brief amicus curiae of American Association for Justice filed. (Distributed) |
| 08/26/2013 | Brief amicus curiae of EarthRights International filed. (Distributed) |
| 09/18/2013 | Reply of petitioner Daimler AG filed. (Distributed) |
| 10/01/2013 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 10/15/2013 | Argued. For petitioner: Thomas H. Dupree, Jr., Washington, D. C.; and Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Kevin Russell, Washington, D. C. |
| 01/14/2014 | Judgment REVERSED. Ginsburg, J., delivered the opinion of the Court, in which Roberts, C. J., and Scalia, Kennedy, Thomas, Breyer, Alito, and Kagan, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment. |
| 02/18/2014 | JUDGMENT ISSUED. |
| 02/21/2014 | Records returned for U.S.C.A. for 9th Circuit, and also for U.S.D.C. Northern District of California. |
Disclosure: Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, is among the counsel to the respondents in this case.
Issue: 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.