expect more… case 1-1. introduction definitions analyses summaryagenda

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Case 1-1Case 1-1

Introduction

Definitions

Analyses

Summary

AgendaAgenda

Introduction

CASE1-1 IGNACIO SEQUIHUA V. TEXACO INC.ET AL.

• Plaintiffs :Residents of Ecuador• Defendants: Texaco and ET AL.

Case Point• Under the doctrine known as comity, a court

should decline to exercise jurisdiction under certain circumstances in deference to the laws and interests of another country.

Opinion of judge Black

• The removal was procedurally proper

• In considering the defendants' motions to dismiss , the court used comity to rule for defendants.

Jurisdiction Comity

JurisdictionThe practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

ComityAn informal principle that nations will extend certain courtesies to another nations, particularly by recognizing the validity and effect of their executive, legislative, and judicial acts. This principle is most frequently invoked by courts, which will not act in a way that demeans the jurisdiction, laws, or judicial decisions of another country.

Introduction

Definitions

Analyses

Summary

• Court in Texas declined to exercise jurisdiction over activity and harm that occurred in Ecuador.

• Taking jurisdiction in U.S. would have interfered with Ecuador’s sovereign right to control its own environment.

• Case dismissed under the doctrine of comity of nations.

U.S. Courts Apply Comity and Refuse to Take Jurisdiction When:

1.The defendant is a sovereign state2.Defendant has insufficient contacts with the U.S.3. Congress did not intend U.S. statute to apply extraterritorially4. Case concerns act of sovereign state on its own territory