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Dole Food Co. v. Patrickson

Docket No.: 01-593
Certiorari Granted: Jun 28 2002
Argued: January 22, 2003
Decided: April 22, 2003
Consolidated with: No. 01-594

Topics:

28 U.S.C. 1603, Judicial Power, Jurisdiction of Federal Courts, Act of State Doctrine, Commerce Clause, Compensation, Comprehensive Environmental Response, EPA, First Amendment, Foreign Sovereign Immunities Act of 1976, Medicaid, Medicare, abuse of discretion, and Liability Act of 1980, disparate impact, disparate treatment, preemption, preliminary injunction, qualified immunity, separation of powers, sovereign immunity, trademark

PartyNames: Dole Food Company, et al. v. Gerardo Dennis Patrickson, et al.
Petitioner: Dole Food Company, et al.
Respondent: Gerardo Dennis Patrickson, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 251 F.3d 795. QUESTION PRESENTED The Foreign Sovereign Immunities Act (the " Act") establishes the ground rules for claims against a foreign state and, also, an "agency or instrumentality of a foreign state." 28 U.S.C. ยงยง 1330(a),1603(a).The Act grants a foreign state or its agency or instrumentality the right to remove an action
Lower Court Decision
Supreme Court Docket

Dole Food Company, et al.
v.
Gerardo Dennis Patrickson, et al.
538 U.S. 468 (2003)
Consideration Limited:

Limited to the following questions:1. Whether a corporation is an "agency or instrumentality" if a foreign state owns a majority of the shares of a corporate enterprise that in turn owns a majority of the shares of the corporation.2. Whether a corporation is an "agency or instrumentality" if a foreign state owned a majority of the shares of the corporation at the time of the events giving rise to litigation, but the foreign state doesnot own a majority of those shares at the time that a plaintiff commences a suit against the corporation.The cases are consolidated and a total of one hour oral argument.

Question:

May a corporate subsidiary claim instrumentality status where the foreign state does not own a majority of its shares but does own a majority of the shares of a corporate parent one or more tiers above the subsidiary? Is a corporation's instrumentality status defined as of the time an alleged tort or other actionable wrong occurred?

Dole Food Co. v. Patrickson
ORAL ARGUMENT

January 22, 2003

Holding: j
Decision: Decision: 9 votes for Patrickson, 0 vote(s) against

Dole Food Co. v. Patrickson
Case Documents

1Opinion in Dole Food Co. v. Patrickson
2Opinion in Dole Food Co. v. Patrickson
Additional documents for this case are pending review.