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Ninth Circuit· 6/1/2011

Carijano v. Occidental Petroleum Corp.

Citations

  • 643 F.3d 1216
  • 2011 WL 2138209

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff was entitled to a strong presumption against dismissal when suit brought in defendant’s home forum which had substantial connection to the case
  • recognizing that district court properly considered arguments based on affidavits but “credited Dr. Osterling’s more specific affidavit”
  • concluding that where defendant had not agreed to accept enforcement of Peruvian judgment, potential difficulty of doing so was relevant private-interest factor weighing against dismissal so that action may be tried in Peru
  • holding that the district court should have conditioned its forum non conveniens dismissal on the defendant’s agreement to waive statute of limitations defenses in the foreign forum
  • holding Peru provided an adequate alternative forum in action brought by members of Peruvian indigenous group and California nonprofit against petroleum company for environmental contamination
  • holding that the “aim of determining if the forum in which the lawsuit was filed has its own identifiable interest in the litigation which can justify proceeding in spite of [the remaining public interest factors]”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rymer, Schroeder, Wardlaw

Read full opinion on CourtListener

Cited by

43 cases in this archive cite this case; the 20 most cited are listed.

Cites

39 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Carijano v. Occidental Petroleum Corp.

2 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.