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Article

31 May 2010

Author:
Jonathan Drimmer, Steptoe & Johnson, released by U.S. Chamber of Commerce Institute for Legal Reform

[PDF] Think globally, sue locally: Out-of-court tactics employed by plaintiffs, their lawyers, and their advocates in transnational tort cases

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Over the past 15 years, there has been a sharp rise in lawsuits brought against United States companies, as well as foreign companies with a substantial U.S. presence, that are premised on alleged personal or environmental injuries that occur overseas...With increasing frequency, plaintiffs, their attorneys, and their advocates are employing aggressive out-of court tactics that approach, straddle, and sometimes cross ethical lines in seeking to gain litigation advantages....The tactics...have clearly demonstrable patterns. Among them are: Aggressive media tactics...Community organizing tactics...Investment tactics...Political tactics...Fraudulent misconduct...[refers to AirScan, Archer Daniels Midland, Bridgestone, Bridgestone-Firestone (part of Bridgestone), Brylane (part of Pinault Printemps-Redoute), Cargill, Chevron, Chiquita, Coca-Cola, Daimler, Del Monte Foods, Dole, Dow Chemical, Drummond, ExxonMobil, Gap, Gulf Oil, Levi Strauss, Mercedes-Benz (part of Daimler), Mobil Oil (part of ExxonMobil), Nestlé, Occidental Petroleum, Petroecuador, Pfizer, PPR (formerly Pinault-Printemps-Redoute), Rio Tinto, Shell, Target, Texaco (part of Chevron), Union Carbide (part of Dow), Unocal (part of Chevron), Wal-Mart, Yahoo!]

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Report commissioned by US Chamber of Commerce on lawsuits against US firms for alleged abuses overseas - accuses lawyers, plaintiffs, advocates of unethical tactics

Chevron lawsuit (re Nigeria)

ExxonMobil lawsuit (re Aceh)

Coca-Cola lawsuit (re Colombia)

Apartheid reparations lawsuits (re So. Africa)

U.S. apparel cos. lawsuit (re Saipan)

Yahoo! lawsuit (re China)

Firestone lawsuit (re Liberia)

Daimler lawsuit (re Argentina)

Nike lawsuit (Kasky v Nike, re denial of labour abuses)

Unocal lawsuit (re Myanmar)

Texaco/Chevron lawsuits (re Ecuador)