Carijano v. Occidental Petroleum Corp.

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).

Other cases named Carijano v. Occidental Petroleum Corp.

2 other CourtListener records share this case name.

• Carijano v. Occidental Petroleum Corp.
  Ninth Circuit· 2012-05-31· cited 3×
• Carijano v. Occidental Petroleum Corp.
  C.D. California· 2008-04-15· cited 1×