No. 22-630

Kristen Behrens, et al. v. Arconic, Inc., et al.

Lower Court: Third Circuit
Docketed: 2023-01-09
Status: Denied
Type: Paid
Response Waived
Tags: american-corporation civil-rights due-process forum-non-conveniens piper-aircraft-v-reyno punitive-damages
Latest Conference: 2023-02-17
Question Presented (from Petition)

(1) Should this Court extend its holding in Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) and hold that where a foreign plaintiff has made a well supported claim for punitive damages against an American corporation for American-based punitive conduct which caused harm abroad, the unavailability of a punitive remedy in an alternative forum shall weigh against dismissal of the case for forum non conveniens?

(2) If a district court finds that there is a well supported claim for punitive damages arising out of American-based punitive conduct but determines that the case should be dismissed for forum non conveniens, is the court permitted to implement a return-jurisdiction condition on its dismissal allowing for the punitive damages claim to ultimately be tried in the United States?

Question Presented (AI Summary)

Should this Court extend its holding in Piper Aircraft Co. v. Reyno, 454 U.S. 235 (1981) and hold that where a foreign plaintiff has made a well-supported claim for punitive damages against an American corporation for American-based punitive conduct which caused harm abroad, the unavailability of a punitive remedy in an alternative forum shall weigh against dismissal of the case for forum non conveniens?

Docket Entries

2023-02-21
Petition DENIED.
2023-02-01
DISTRIBUTED for Conference of 2/17/2023.
2023-01-17
Waiver of right of respondent Whirlpool Corporation to respond filed.
2023-01-10
Waiver of right of respondents Arconic, Inc., et al. to respond filed.
2023-01-05

Attorneys

Arconic, Inc., et al.
Jason Clifford MurrayBartlit Beck LLP, Respondent
Kristen Behrens, et al.
Mark Andrew DiCelloDiCello Levitt LLC, Petitioner
Whirlpool Corporation
Matthew E. PapezJones Day, Respondent