No. 20-730

Lindsay R. Cooper, et al. v. Tokyo Electric Power Company Holdings, Inc., aka TEPCO, et al.

Lower Court: Ninth Circuit
Docketed: 2020-11-25
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2)
Tags: choice-of-law diplomatic-mission foreign-corporation foreign-corporations humanitarian-assistance international-comity jurisdiction military-personnel u.s.-court-jurisdiction
Latest Conference: 2021-03-26 (distributed 2 times)
Question Presented (from Petition)

Whether United States Military personnel, while deployed on U.S. Naval vessels undertaking a U.S. diplomatic humanitarian assistance mission, can rightfully rely on jurisdiction in a United States court when incurring harms by a private, foreign corporation for conduct occurring on foreign soil;

Whether a Statement of Interest from the United States should be afforded dispositive weight when considering dismissal on international comity grounds where Petitioners are U.S. Military Personnel harmed by a private Japanese corporation while onboard U.S. Naval vessels deployed on a U.S. initiated diplomatic and humanitarian relief mission to Japan;

Whether the lower courts had erroneously ascribed dispositive weight to their choice-of-law findings when analyzing and ultimately dismissing Petitioners' claims on the basis of international comity.

Question Presented (AI Summary)

Whether U.S. military personnel can rely on U.S. court jurisdiction for harms by foreign corporations on foreign soil

Docket Entries

2021-03-29
Petition DENIED.
2021-03-10
DISTRIBUTED for Conference of 3/26/2021.
2021-03-09
Reply of petitioners Lindsay R. Cooper, et al. filed. (Distributed)
2021-03-01
Brief of respondent Tokyo Electric Power Company Holdings, Inc in opposition filed.
2021-02-26
Brief of respondent General Electric Company in opposition filed.
2021-01-22
The motions to extend the time to file responses are granted and the time is extended to and including March 1, 2021, for all respondents.
2021-01-21
Motion of TEPCO to extend the time to file a response from January 29, 2021 to March 1, 2021, submitted to The Clerk.
2021-01-21
Motion of GE to extend the time to file a response from January 29, 2021 to March 1, 2021, submitted to The Clerk.
2020-12-30
Response Requested. (Due January 29, 2021)
2020-12-09
DISTRIBUTED for Conference of 1/8/2021.
2020-12-02
Waiver of right of respondent Tokyo Electric Power Company Holdings, Inc to respond filed.
2020-12-02
Waiver of right of respondent General Electric Company to respond filed.
2020-11-20
Petition for a writ of certiorari filed. (Response due December 28, 2020)

Attorneys

General Electric Company
David Jonathan WeinerArnold & Porter Kaye Scholer, LLP, Respondent
Lindsay R. Cooper, et al.
Howard Moore Jr.Moore & Moore, Petitioner
Tokyo Electric Power Company Holdings, Inc
Mark Remy YohalemMunger, Tolles and Olson LLP, Respondent