Comments on: China’s Newest Tainted Dairy Export: Litigation http://www.chinahearsay.com/chinas-newest-tainted-dairy-export-litigation/ China law, business and economics commentary Thu, 09 Feb 2012 12:49:55 +0000 hourly 1 http://wordpress.org/?v=3.1.3 By: Thomas Chow http://www.chinahearsay.com/chinas-newest-tainted-dairy-export-litigation/comment-page-1/#comment-57090 Thomas Chow Sun, 26 Oct 2008 06:05:19 +0000 http://www.chinahearsay.com/?p=933#comment-57090 I looked at Dan's posting and I agree with him. My personal feeling is that its a weak case. I don't know for sure b/c I dont know how the facts are being cast, but I can say that plaintiffs will have a really tough time even getting this heard outside of something significant happening here in the U.S. that caused the harm. (Unless the complaint has a lot of stuff that we didn't expect... but I find that doubtful) I worked on some litigation that involved some chemical products and ended up that plaintiffs in South America chased my client in America. I left that firm before the case reached a resolution, but if I recall correctly after reading it in the papers, that case went away b/c there just wasn't anything in there that justified an American court hearing the case. I can't offer an expert opinion on this, but having worked at a very reputable plaintiff's class action firm for a short stint (not the same firm mentioned above, I moved to the defense side), I would bet that the lawyers there would find this case pretty unlikely to move beyond anything substantial as well. I looked at Dan’s posting and I agree with him. My personal feeling is that its a weak case. I don’t know for sure b/c I dont know how the facts are being cast, but I can say that plaintiffs will have a really tough time even getting this heard outside of something significant happening here in the U.S. that caused the harm. (Unless the complaint has a lot of stuff that we didn’t expect… but I find that doubtful)

I worked on some litigation that involved some chemical products and ended up that plaintiffs in South America chased my client in America. I left that firm before the case reached a resolution, but if I recall correctly after reading it in the papers, that case went away b/c there just wasn’t anything in there that justified an American court hearing the case.

I can’t offer an expert opinion on this, but having worked at a very reputable plaintiff’s class action firm for a short stint (not the same firm mentioned above, I moved to the defense side), I would bet that the lawyers there would find this case pretty unlikely to move beyond anything substantial as well.

]]> By: Will Lewis http://www.chinahearsay.com/chinas-newest-tainted-dairy-export-litigation/comment-page-1/#comment-56950 Will Lewis Fri, 24 Oct 2008 15:43:24 +0000 http://www.chinahearsay.com/?p=933#comment-56950 There might be some jurisdictional problems bringing suit in the 4th Circuit. The Eastern District of Louisiana has gone the farthest in upsetting forum non conveniens claims. Martinez v Dow Chemical, 219 F.Supp.2d 719. But, in that case the defendants were US companies. Still, it is a pretty snazzy idea, and I can't wait to hear more! There might be some jurisdictional problems bringing suit in the 4th Circuit. The Eastern District of Louisiana has gone the farthest in upsetting forum non conveniens claims. Martinez v Dow Chemical, 219 F.Supp.2d 719. But, in that case the defendants were US companies. Still, it is a pretty snazzy idea, and I can’t wait to hear more!

]]> By: Dan http://www.chinahearsay.com/chinas-newest-tainted-dairy-export-litigation/comment-page-1/#comment-56884 Dan Fri, 24 Oct 2008 05:14:17 +0000 http://www.chinahearsay.com/?p=933#comment-56884 Weird. Very weird. Much of this story just doesn't make sense. Rather than write a full page comment or try to be concise, I just went ahead and did a full post on it. Weird. Very weird. Much of this story just doesn’t make sense. Rather than write a full page comment or try to be concise, I just went ahead and did a full post on it.

]]> By: chinamatt http://www.chinahearsay.com/chinas-newest-tainted-dairy-export-litigation/comment-page-1/#comment-56881 chinamatt Fri, 24 Oct 2008 04:56:08 +0000 http://www.chinahearsay.com/?p=933#comment-56881 I suppose if the government won't allow them to sue the Chinese company, their only option would be to attempt to sue a company in the US. The lawyer probably knows he'll lose the case, but will get paid anyway. I suppose if the government won’t allow them to sue the Chinese company, their only option would be to attempt to sue a company in the US. The lawyer probably knows he’ll lose the case, but will get paid anyway.

]]>