Say a bunch of pirates got together and raised hell, then got caught. A U.S. court would prosecute them and, at minimum, seize their assets to compensate the victims. But now suppose these same pirates got together, filed some papers with a foreign country and became incorporated as Pirates, Inc.. THEN they go and raise hell. All of their profits are corporate assets. What should a U.S. Court do, if a foreign citizen sues the corporation here? Could it not seize the assets of the corporation?
That was what Justice Breyer asked Ms. Sullivan, counsel for Royal Dutch Petroleum (and Shell, and other companies) in the Kiobel v. Royal Dutch Petroleum oral argument (http://www.oyez.org/cases/2010-2019/2011/2011_10_1491)
What was the answer?
Ms. Sullivan: --Justice Breyer, yes, the corporation would not be liable.
This is huge. This issue is bigger than healthcare, more costly than taxes, and scarier than hordes of kids dressed gangnam style for Halloween.
| ||Posted 10/31/2012 9:19 PM - 64 Views - 2 eProps - 1 Comment|
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