a_002

WHAT HAPPENED – Plaintiff was injured at work and sued the Defendant employer for damages under a Federal Workman’s Comp statute in the State of Montana.  Seems easy, right?

WHY IS THIS BEFORE THE SUPREME COURT – The Employer argues that since the accident did not occur in Montana, and since the Employer is not based out of Montana, the case should have been filed elsewhere, which in legal speak is saying that the forum for the lawsuit does not have personal jurisdiction over the Employer.  Personal jurisdiction requires that any lawsuit against a party be filed in a State that is inherently “fair” for the defendant.  This commonly considers the defendant’s contacts with the State and the interests of the State in hearing the case.  This may all seem easy, but hold on to you butts because here comes the weird part.

WHAT ARE THE RAMIFICATIONS – A few years ago the Supreme Court heard a case determining whether a car manufacturer could be sued in California for participating in wide-spread Argentinian government-sponsored torture (Actually downplaying this, not exaggerating).  Within that case, Ginsburg and Sotomayor had a judge fight (exchanging doomsday scenarios based on the other’s reasoning), in which the Court made a rule saying that a corporation had to “be at home” to be sued somewhere.  The issue here is whether or not (a) this Corporation is “at home” in the forum, and (b) whether or not a Federal Statute could override this contentious rule, which again was loosely based on the plot of a James Bond movie.

ROOT FOR BNSF RAILWAY IF: Fairness to corporations is high on your priorities list.

ROOT FOR TYRELL IF: You’re still mad about Hobby Lobby and want to screw all corporations.

PREDICTION:  Tyrell 8-1

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s