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Daimler AG V. Bauman
''Daimler AG v. Bauman'', 571 U.S. 117 (2014), is a United States Supreme Court case in which the Court answered whether an American court may exercise jurisdiction over a foreign company based on the fact that a subsidiary of the company acts on its behalf in the jurisdictional state. The court held that an American company cannot be sued for conduct occurring outside the United States and American courts do not have jurisdiction of such a claim. Background Daimler Aktiengesellschaft is an automotive manufacturer based in Stuttgart, Germany, that owns Mercedes-Benz and its subsidiaries around the world, including in the United States and Argentina. During the Dirty War in Argentina, a labor dispute developed at the Mercedes-Benz plant in González Catán. Mercedes-Benz reported the labor leaders as "subversives" to the right-wing military junta, had junta forces stationed within the factory, and allowed the junta to conduct raids on workers. During the dispute, twenty-two labor l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States District Court For The Northern District Of California
The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. The court hears cases in its courtrooms in Eureka, Oakland, San Francisco, and San Jose. It is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit. Because it covers San Francisco and Silicon Valley, the Northern District of California has become the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation) involving "Big Tech" defendants. These cases usually involve patent law and intellectual property law (such as copyright law and DMCA issu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Torture Victim Protection Act
The Torture Victim Protection Act of 1991 (TVPA; ) is a US statute that allows for the filing of civil suits in the United States against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing. The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime, to the extent that such remedies are "adequate and available." Plaintiffs may be U.S. citizens or non-U.S. citizens. Although the Act was not passed until early 1992, it was introduced the previous year, and the official name of the Act is the "Torture Victim Protection Act of 1991." Legal issues In 1992, Sister Dianna Ortiz was the first to file a case under the act, in a civil action against former general and Defense Minister Héctor Gramajo of Guatemala, contending that, by his command authority, he was responsible for her abduction, rape, and torture by military forces in Guatemala in November 1989. A federal court in Ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
In Personam
''In personam'' is a Latin phrase meaning "against a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint (in England & Wales known as Particulars of Claim (CPR 1999)) to give the court jurisdiction to try the case, and the Judgment (law), judgment applies to that person and is called an "in personam judgment". In personam is distinguished from ''in rem'', which applies to property or "all the world" instead of a specific person. This technical distinction is important to determine where to file a lawsuit and how to serve a defendant. ''In personam'' means that a judgment can be enforceable against the person wherever he/she is. On the other hand, if the lawsuit is to determine title to property (''in rem'') then the action must be filed where the property exists and is only enforceable there. See also *Personal jurisdiction *''quasi in rem'' *''in rem'' *''sui iuris'' *Suitable age and discre ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process
Due process of law is application by the state of all legal rules and principles pertaining to a case so all legal rights that are owed to a person are respected. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law. Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process) so that judges, instead of legislators, may define and guarantee fundamental fairness, justice, and liberty. That interpretation has proven controversial. Analogous to the concepts of natural justice and procedural justice used in various other jurisdictions, the interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically or mentally. The term is not used in contemporary ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Personal Jurisdiction
Personal jurisdiction is a court's jurisdiction over the ''parties'', as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed to subject-matter jurisdiction, which is jurisdiction over the ''law'' involved in the suit. Without personal jurisdiction over a party, a court's rulings or decrees cannot be enforced upon that party, except by comity; i.e., to the extent that the sovereign which has jurisdiction over the party allows the court to enforce them upon that party. A court that has ''personal'' jurisdiction has both the authority to rule on the law and facts of a suit and the power to enforce its decision upon a party to the suit. In some cases, territorial jurisdiction may also constrain a court's reach, such as preventing hearing of a case concerning events occurring on foreign territory between two citizens of the home jurisdiction. A similar principle is that of standing (law), standing or ''locus standi'', which is the ability of a party to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ruth Bader Ginsburg
Joan Ruth Bader Ginsburg ( ; Bader; March 15, 1933 – September 18, 2020) was an American lawyer and jurist who served as an associate justice of the Supreme Court of the United States from 1993 until Death and state funeral of Ruth Bader Ginsburg, her death in 2020. She was nominated by President Bill Clinton to replace retiring justice Byron White, and at the time was viewed as a moderate consensus-builder. Ginsburg was the first Jewish woman and the second woman to serve on the Court, after Sandra Day O'Connor. During her tenure, Ginsburg authored the majority opinions in cases such as ''United States v. Virginia''(1996), ''Olmstead v. L.C.''(1999), ''Friends of the Earth, Inc. v. Laidlaw Environmental Services, Inc.''(2000), and ''City of Sherrill v. Oneida Indian Nation of New York''(2005). Later in her tenure, Ginsburg received attention for passionate dissents that reflected Ideological leanings of United States Supreme Court justices, liberal views of the law. Gin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edwin Kneedler
Edwin S. Kneedler (born January 4, 1946) is an American lawyer who was appointed to serve as acting United States Solicitor General by President George W. Bush on the day of President Obama's inauguration, Jan 20, 2009, served until March 19, 2009 , with bracketing appointment as Deputy United States Solicitor General, a position he has held since 1993. At his retirement from this position in April 2025, Kneedler had argued the position of the United States government in 160 cases before its Supreme Court, more than any other modern advocate. Early life and education Edwin Smiley Kneedler was born on January 4, 1946 (place of birth not yet ascertained, place of Presbyterian baptism, Abington, Pennsylvania), to the Kneedlers, Harry L. and Isabella S. (née Jones), both employed at times by the North Penn School District, his father Harry "as a coach in the 1930s", and his mother Isabella as a guidance counselor "retir ngin 1980". Kneedler was raised in Lansdale, Pennsylvania, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of a prerogative writ in England, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. Derived from the English common law, ''certiorari'' is prevalent in countries using, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20th centuries, the writ of ''certiorari'' has gained broader use in many countries, to review the decisions of administrative bodies as well as lower courts. Etymology The term ''certiorari'' (US English: ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Diarmuid O'Scannlain
Diarmuid Fionntain O'Scannlain ( ; born March 28, 1937) is a senior United States circuit judge of the United States Court of Appeals for the Ninth Circuit. His chambers are located in Portland, Oregon. Early life and career Born in New York City, New York, O'Scannlain received a Bachelor of Arts degree from St. John's University in 1957, a Juris Doctor from Harvard Law School in 1963, and a Master of Laws from the University of Virginia School of Law in 1992. He was in the United States Army Reserve, JAG Corps from 1955 to 1978. In September 1960, O'Scannlain attended the founding conference of Young Americans for Freedom, held at William F. Buckley Jr.'s estate in Sharon, Connecticut. At that conference O'Scannlain was elected to serve on YAF's original Board of Directors. He was a tax attorney for the Standard Oil Company of New Jersey and New York City from 1963 to 1965, and in private practice in Portland, Oregon, from 1965 to 1969. He was a deputy state attorney general ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
En Banc
In law, an ''en banc'' (; alternatively ''in banc'', ''in banco'' or ''in bank''; ) session is when all the judges of a court sit to hear a case, not just one judge or a smaller panel of judges. For courts like the United States Courts of Appeals in which each case is heard by a three-judge panel instead of the entire court, ''en banc'' review is usually used for only unusually complex or important cases or when the court believes there is an especially significant issue at stake. ''En banc'' is a French phrase meaning "in bench". United States Federal appeals courts in the United States sometimes grant rehearing to reconsider the decision of a panel of the court (consisting of only three judges) in which the case concerns a matter of exceptional public importance or the panel's decision appears to conflict with a prior decision of the court. In rarer instances, an appellate court will order hearing ''en banc'' as an initial matter instead of the panel hearing it first. Cases ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephen Reinhardt
Stephen Roy Reinhardt (born Stephen Roy Shapiro; March 27, 1931 – March 29, 2018) was a United States circuit judge of the United States Court of Appeals for the Ninth Circuit, with chambers in Los Angeles, California. He was the last federal appeals court judge in active service to have been appointed to his position by President Jimmy Carter. Early life and career Reinhardt was born Stephen Roy Shapiro into a Jewish family in New York City, to lawyer Samuel Shapiro, and Silvia Handelsman. Reinhardt changed his name after his mother divorced his father and married film director and producer Gottfried Reinhardt. Reinhardt graduated from University High School in Los Angeles. He enrolled in Pomona College and graduated three years later with a Bachelor of Arts degree in government in 1951. In 1954, he received a Bachelor of Laws from Yale Law School. After law school, Reinhardt worked at the legal counsel's office for the United States Air Force as a lieutenant in Washington, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mary M
USS ''Mary M'' (SP-3274) was a United States Navy motor launch in commission from 1919 to 1922. ''Mary M'' was built as a civilian motorboat of the same name in 1904 at Sharptown, Maryland. In 1919, the U.S. Navy acquired her from her owner, the J. G. White Engineering Company, and assigned her the section patrol A Section Patrol Craft was a civilian vessel registered by the United States Navy for potential wartime service before, during, and shortly after World War I. Historical overview The SP/ID registration system In 1916, with World War I raging ... number SP-3274. Assigned to the 5th Naval District, ''Mary M'' served as a launch at Indian Head, Maryland, until sold on 1 May 1922. Notes References * SP-3274 ''Mary M'' at Department of the Navy Naval History and Heritage Command Online Library of Selected Images: U.S. Navy Ships -- Listed by Hull Number "SP" #s and "ID" #s -- World War I Era Patrol Vessels and other Acquired Ships and Craft numbered from SP-32 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
