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Daimler AG v. Bauman

Docket No.11-965
Op. Below9th Cir.
ArgumentOct 15, 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 Ruth Bader Ginsburg on Jan 14, 2014. Justice Sotomayor filed an opinion concurring in the judgment.

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.

Proceedings & orders timeline

Feb 6, 2012
Petition for a writ of certiorari filed. (Response due March 8, 2012)
Feb 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.
Mar 5, 2012
Waiver of right of respondents Barbara Bauman, et al. to respond filed.
Mar 6, 2012
Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondents.
Mar 7, 2012
Brief amici curiae of Alliance of Automobile Manufacturers, Inc., et al. filed.
Mar 8, 2012
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Mar 8, 2012
Brief amicus curiae of New England Legal Foundation filed.
Mar 14, 2012
DISTRIBUTED for Conference of March 30, 2012.
Mar 21, 2012
Response Requested . (Due April 20, 2012)
Apr 10, 2012
Order extending time to file response to petition to and including May 21, 2012.
May 2, 2012
Order further extending time to file response to petition to and including June 11, 2012.
Jun 11, 2012
Brief of respondents Barbara Bauman, et al. in opposition filed.
Jun 26, 2012
Reply of petitioner Daimler AG filed. (Distributed)
Jun 27, 2012
DISTRIBUTED for Conference of September 24, 2012.
Apr 17, 2013
DISTRIBUTED for Conference of April 19, 2013.
Apr 22, 2013
Petition GRANTED.
Apr 30, 2013
The time to file the joint appendix and petitioner's brief on the merits is extended to and including June 27, 2013.
Apr 30, 2013
The time to file respondents' brief on the merits is extended to and including August 19, 2013.
May 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.
May 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.
Jun 27, 2013
Joint appendix filed. (Statement of costs filed)
Jun 27, 2013
Brief of petitioner Daimler AG filed.
Jul 2, 2013
Brief amici curiae of Alliance of Automobile Manufacturers, Inc., et al. filed.
Jul 3, 2013
Brief amicus curiae of Professor Lea Brilmayer filed.
Jul 3, 2013
Brief amicus curiae of Product Liability Advisory Council, Inc. filed.
Jul 3, 2013
Brief amici curiae of New England Legal Foundation, et al. filed.
Jul 5, 2013
Brief amicus curiae of the United States filed.
Jul 5, 2013
Brief amici curiae of Economiesuisse, at al. filed.
Jul 5, 2013
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jul 5, 2013
Brief amicus curiae of Atlantic Legal Foundation filed.
Jul 5, 2013
Brief amici curiae of Viega GmbH & Co., et al. filed.
Jul 22, 2013
CIRCULATED.
Jul 23, 2013
SET FOR ARGUMENT on Tuesday, October 15, 2013.
Aug 9, 2013
Record received from the U.S.C.A. Ninth Circuit - 1 box.
Aug 9, 2013
Record received from U.S.D.C. California Northern District - 1 envelope.
Aug 13, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 19, 2013
Brief of respondents Barbara Bauman, et al. filed. (Distributed)
Aug 26, 2013
Brief amici curiae of German Institute for Human Rights, et al. filed. (Distributed)
Aug 26, 2013
Brief amicus curiae of American Association for Justice filed. (Distributed)
Aug 26, 2013
Brief amicus curiae of EarthRights International filed. (Distributed)
Sep 18, 2013
Reply of petitioner Daimler AG filed. (Distributed)
Oct 1, 2013
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Oct 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.
Jan 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.
Feb 18, 2014
JUDGMENT ISSUED.
Feb 21, 2014
Records returned for U.S.C.A. for 9th Circuit, and also for U.S.D.C. Northern District of California.

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