Novo Nordisk A/S v. Lukas-Werner
- Case Date: 9/16/2013
- Project Name: Civil Justice Reform
On October 21, 2013, the U.S. Supreme Court issued a one-sentence order declining to review an Oregon decision that permits plaintiffs to file lawsuits against foreign corporations with no physical presence in the State, even though they can obtain complete relief by filing suit against the corporation’s American subsidiary that does have a substantial presence in the State. The decision was a setback for WLF, which filed a brief urging the Court to grant review; it argued that due process bars a State from exercising jurisdiction over defendants when doing so offends “traditional notions of fair play and substantial justice.” WLF asserted that plaintiffs alleging injury are afforded “substantial justice” when they may seek all available relief from a solvent American-based corporation. Under those circumstances, it is inconsistent with “substantial justice” to permit them also to sue the corporation’s foreign parent when the parent has minimal contacts with this country, WLF argued.
More Information and Downloads:
9/16/2013: Download the Brief